PLEASE READ THIS TERMS AND CONDITIONS AGREEMENT CAREFULLY AS IT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE APPLICABLE FASHION EXPRESS ENTITY (AS FURTHER DEFINED IN SECTION 1 OF PART I) IN RESPECT OF ACCESS AND USE OF FASHION EXPRESS’S WEBSITE LOCATED AT WWW.FashionsExpress.COM, AND ANY SUBDOMAINS USED IN CONNECTION WITH OR RELATED TO THE SAME AND ANY FUTURE VERSIONS (THE “WEBSITE”) AS WELL AS FASHION EXPRESS MOBILE APPLICATIONS (THE “FASHION EXPRESS PLATFORM APP”)(TOGETHER THE FASHION EXPRESS PLATFORM APP AND THE WEBSITE CONSTITUTE THE “FASHION EXPRESS PLATFORM”) THESE TERMS AND CONDITIONS APPLY TO ALL USERS OF THE FASHION EXPRESS PLATFORM, INCLUDING USERS WHO ARE VENDORS OF GOODS OR PROVIDERS OF COURIER SERVICES TO OTHER USERS OF THE FASHION EXPRESS PLATFORM, USERS WHO PURCHASE GOODS OR SERVICES THROUGH THE FASHION EXPRESS PLATFORM, USERS WHO DOWNLOAD THE FASHION EXPRESS PLATFORM APP AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THE WEBSITE. YOU MUST HAVE REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION IN ORDER TO PLACE ORDERS THROUGH THE Fashion Express PLATFORM AS A CUSTOMER OR TO OPERATE AS A VENDOR OR COURIER (AS SUCH TERMS ARE DEFINED IN SECTION 2 OF PART I). IF YOU ARE USING THE FASHION EXPRESS PLATFORM ON BEHALF OF ANOTHER PERSON OR A CORPORATE ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THESE TERMS AND CONDITIONS. THE TERM “USER”, “YOU” OR “YOUR” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, ACCESSING OR OTHERWISE USING FASHION EXPRESS PLATFORM OR THE FASHION EXPRESS SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE FASHION EXPRESS PLATFORM AND THE Fashion Express SERVICES ARE MADE AVAILABLE TO FACILITATE THE ORDERING OF FOOD, BEVERAGES OR OTHER PRODUCTS PROVIDED BY VENDORS THAT MAY BE DELIVERED BY COURIERS. YOU UNDERSTAND THAT FASHION EXPRESS’S TECHNOLOGY AND SERVICES FACILITATE THESE TRANSACTIONS IN CERTAIN JURISDICTIONS ONLY AND THAT FASHION EXPRESS IS NOT A VENDOR OR COURIER NOR IS FASHION EXPRESS RESPONSIBLE FOR FULFILLING ORDERS PLACED BY CUSTOMERS WITH VENDORS OR COURIERS.

 

BY ACCESSING, BROWSING AND USING THE FASHION EXPRESS PLATFORM, YOU INDICATE THAT YOU HAVE READ AND ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS OR USE THE FASHION EXPRESS PLATFORM OR FASHION EXPRESS SERVICES OR ANY OF THEIR CONTENT OR SERVICES.

 

IMPORTANT NOTICE: PLEASE BE AWARE THAT SECTIONS 9 AND 10 OF PART I CONTAIN IMPORTANT DISCLAIMERS AND LIMITATIONS OF LIABILITY. IN ADDITION, SECTION 12 OF PART I CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN

 

ALTERNATIVE DISPUTE RESOLUTION PROCESS AND YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.

 

THESE TERMS OF SERVICE ARE SUBJECT TO CHANGE BY FASHION EXPRESS IN ITS SOLE DISCRETION AT ANY TIME TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. When changes are made, Fashion Express will make a new copy of the Terms and Conditions available on the Fashion Express Platform. We will also update the "Last Updated" date at the top of the Terms and Conditions. If we make any material changes, and you have registered with us to create an account we may also send an e- mail to you at the last e-mail address you provided to us pursuant to the Terms and Conditions. Any changes to the Terms and Conditions will be effective immediately after posting notice of such changes on the Fashion Express Platform. Fashion Express may require you to provide consent to the updated Terms and Conditions in a specified manner before further use of the Fashion Express Platform and/or the Fashion Express Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Fashion Express Platform and/or the Fashion Express Services. Otherwise, your continued use of the Fashion Express Platform and/or Fashion Express Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE Fashion Express PLATFORM TO VIEW THE MOST CURRENT TERMS

 

Fashion Express PLATFORM TERMS AND CONDITIONS

 

Please read these Terms and Conditions Agreement carefully as it constitutes a legally binding agreement between you and the applicable Fashion Express entity (as further defined in section 1 of part i) in respect of access and use of the Fashion Express website located at www.Fashion Express.com, and any subdomains used in connection with or related to the same and any future versions (the “website”) as well as Fashion Express mobile applications (the “Fashion Express platform app”)(together with the Fashion Express platform app and the website constitute the “Fashion Express platform”) these Terms and Conditions apply to all users of the Fashion Express platform, including users who are vendors of goods of the Fashion Express platform, users who purchase goods through the Fashion Express platform, users who download the Fashion Express platform app and users who simply view the content on or available through the website. You must have reached the age of majority in your jurisdiction in order to place orders through the Fashion Express platform as a customer or to operate as a vendor or courier (as such terms are defined in section 2 of part i). If you are using the Fashion Express platform on behalf of another person or a corporate entity, you represent and warrant that you have the authority to bind such person or entity to these Terms and Conditions. The term “user”, “you” or “your” refers to the individual or legal entity, as applicable, accessing or otherwise using the Fashion Express platform or the Fashion Express services. You acknowledge and agree that the Fashion Express platform is made available to facilitate the ordering of products provided by vendors that may be delivered by couriers. You understand that Fashion Express’s technology and services facilitate these transactions in certain jurisdictions only and that Fashion Express is not a vendor or courier nor is Fashion Express responsible for fulfilling orders placed by customers with vendors or couriers.

 

By accessing, browsing and using the Fashion Express platform, you indicate that you have read and accepted these Terms and Conditions. If you do not accept these Terms and Conditions, then you may not access or use the Fashion Express platform or any of their content.

 

IMPORTANT NOTICE: PLEASE BE AWARE THAT SECTIONS 9 AND 10 OF PART I CONTAIN IMPORTANT DISCLAIMERS AND LIMITATIONS OF LIABILITY. IN ADDITION, SECTION 12 OF PART I CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ALTERNATIVE DISPUTE RESOLUTION PROCESS AND YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.

 

THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE BY FASHION EXPRESS IN ITS SOLE DISCRETION AT ANY TIME TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. When changes are made, Fashion Express will make a new copy of the Terms and Conditions available on the Fashion Express Platform. We will also update the "Last Updated" date at the top of the Terms and Conditions. If we make any material changes, and you have registered with us to create an account we may also send an e- mail to you at the last e-mail address you provided to us pursuant to the Terms and Conditions. Any changes to the Terms and Conditions will be effective immediately after posting notice of such changes on the Fashion Express. Fashion Express may require you to provide consent to the updated Terms and Conditions in a specified manner before further use of the Fashion Express Platform and/or the Fashion Express Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Fashion Express Platform and/or the Fashion Express Services. Otherwise, your continued use of the Fashion Express Platform and/or Fashion Express Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE FASHION EXPRESS PLATFORM TO VIEW THE MOST CURRENT TERMS

 

1. GENERAL TERMS

1. Fashion Express Parties
   1. If you are accessing or using the Fashion Express Platform within the United States, these Terms and Conditions form an agreement between you and Fashion Express (“Fashion Express LLC”). For U.S. Users, use of the terms “Fashion Express ”, “us”, “we” refers to Fashion Express.
   2. Fashion Express LLC., and their affiliates, officers, directors and employees, are referred to in these Terms and Conditions as the “Fashion Express”. For the avoidance of doubt, the Fashion Express does not include any third parties such as Vendors and Couriers (as such terms are defined in Section 2 of Part I offering goods or services through the Fashion Express Platform.

 

1. Users and Applicable Legal Terms

1. Definition of Users. The Fashion Express Platform facilitates the ordering by consumers/end users of the Fashion Express Platform ("Customers") products (collectively "Goods") offered by store owners through the platform ("Vendors") and the delivery of such Goods through Fashion Express Platform (the "Couriers"). Collectively, Customers, Vendors and Couriers constitute "Users" of the Fashion Express Platform and these Terms and Conditions apply to all Users.

 

1. Fashion Express Privacy Policy. Please note that important information about Fashion Express’s practices on the collection, use and disclosure of Users’ personal information submitted via the Website or the Fashion Express Mobile App is governed by our Privacy Policy, the terms of which are incorporated into these Terms and Conditions. Please see further: https://www.Fashion Express.com/privacy-policy ("Privacy Policy").

 

1. Additional Terms for Vendors and Couriers. In addition to these Terms and Conditions and the Privacy Policy, Vendors and Couriers are subject to additional terms agreed in separate agreements with Fashion Express in respect of the goods offered by such Users. In the event of any conflict between these Terms and Conditions and the separate agreement you have with Fashion Express, the terms of the separate Fashion Express agreement will govern.

 

1. Additional Terms for Customers. Specific terms on ordering are set out in Part II of these Terms of Conditions. Vendors may have additional privacy policies or statements which govern their practices in collecting, storing, using and disclosing your Personal Information when you order from them. Please read those additional privacy policies or statements carefully. You hereby represent and warrant to Fashion Express that you have familiarized yourself and agree with those privacy policies or statements imposed by any Vendor with whom you elect to deal through the Fashion Express Platform.

 

1. Additional Terms for All Users. Voucher Terms are addressed in Part III of this Terms of Conditions.

 

1. Additional Terms and Conditions for Fashion Express Platform Mobile App Users. To the extent the other terms and conditions of these Terms of Conditions are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section apply, but solely with respect to the use of Google Maps services and content, or to the Fashion Express Platform App if downloaded from the Apple App Store or the Google Play Store.

 

The Fashion Express Platform may use services and content from Google Maps or Google Earth. You acknowledge and agree that you are bound by the Google Maps/Google Earth Additional Terms and Conditions (including the Google Privacy Policy).

 

The following additional Terms and Conditions apply to you if you are using a Fashion Express

Platform App. You acknowledge and agree that:

 

These Terms and Conditions are entered into between you and Fashion Express. Neither Apple, Inc. ("Apple") nor Google, Inc. ("Google") (collectively, the "download service providers") are parties to this Terms and Conditions agreement nor will they have obligations with respect to the Fashion Express Platform App. The applicable Fashion Express not Apple or Google, is solely responsible for the Fashion Express Platform App, including any maintenance and support, and the content thereof as set forth hereunder. However, the download service providers, along with their respective subsidiaries, are third-party beneficiaries of these Terms and Conditions. Upon your acceptance of these Terms and Conditions, the download service provider used to obtain the Fashion Express Platform App will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third-party beneficiary. If Fashion Express fails to conform to any applicable warranty, you may notify the download service provider used to obtain the Fashion Express Platform App and they will refund the purchase price (if any) of the Fashion Express Platform App in accordance with their policies, and, to the maximum extent permitted by applicable law, the download service provider used to obtain the Fashion Express Platform App will have no other warranty obligation whatsoever with respect to the application and, as between the download service provider used to obtain the Fashion Express Platform App and Fashion Express, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to confirm to any warranty is Fashion Express’s responsibility. You and us both acknowledge that Fashion Express, not the download service provider used to obtain the Fashion Express Platform App, is responsible for addressing any end-user or third-party claims related to the Fashion Express Platform App, including, but not limited to: (a) product liability claims, (b) any claim that the Fashion Express Platform App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar law. Further, you and us both acknowledge that, in the event of any third-party claim that the Fashion Express Platform App or your possession or use of the Fashion Express Platform App infringes on that third party’s intellectual property rights, as between Fashion Express and the download service provider used to obtain the Fashion Express Platform App, the Fashion Express Platform App will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and you are not listed on any U.S. Government list of prohibited or restricted parties.

 

3. Fashion Express Accounts

 

1. Accurate Information. You represent and warrant that all information supplied by you on the Fashion Express Platform (including information provided by you to create an account for use of the Fashion Express Platform (a "Fashion Express Account")) or in connection with your use of the Fashion Express Services is true, accurate, current and complete.

 

1. Security of Fashion Express Accounts. Any Fashion Express Account must be kept secure and you agree that you will not share or disclose your Fashion Express Account credentials with anyone. No members of the Fashion Express Group will be liable for any loss or damage arising from your failure to safeguard your Fashion Express Account, use a strong password or limit its use to your Fashion Express Account. You may browse some of the Fashion Express Platform without creating a Fashion Express Account.

 

1. Discretionary Access to Fashion Express Accounts. Fashion Express reserves the right to deny your request for a Fashion Express Account (including usernames) and to disable or terminate access to any Fashion Express Account (including usernames) issued to you at any time in Fashion Express’s sole discretion. If Fashion Express disables access to a Fashion Express Account issued to you, you will be prevented from accessing the Fashion Express Platform or the Fashion Express Services, your Fashion Express Account details, Orders or other information that is associated with your Fashion Express Account.

 

1. Suspension, Term, Termination and Deletion of Fashion Express Accounts. We may suspend or terminate your ability to access the Fashion Express Platform, or cease providing you with all or part of the Fashion Express Services at any time for any or no reason, including, if we believe: (i) you may have violated these Terms and Conditions, (ii) you may create risk or possible legal exposure for us; (iii) prolonged inactivity; or (iv) our provision of the Fashion Express Services to you is no longer commercially viable. Suspension or termination may also include removal of some or all of the materials uploaded by you. We may make reasonable efforts to notify you by the email address associated with your account, through the Fashion Express Platform or the next time you attempt to access your account, depending on the circumstances. You acknowledge and agree that all suspensions or terminations may be made by Fashion Express in its sole discretion and that no members of the Fashion Express Group will be liable to you or any third-party for any suspension or termination of your access or for the removal of any of the materials uploaded by you to the Fashion Express Platform. Any suspension or termination of this Agreement by Fashion Express will be in addition to any and all other rights and remedies that Fashion Express may have.

 

1. Account Deletion and Termination. You may request the deletion of your account by requesting (by email or through any then-available interfaces) that your Fashion Express Account be deleted, ceasing use of the Fashion Express Platform, the Fashion Express Services and uninstalling and removing all local software components thereof, if any. If you request deletion of your Fashion Express Customer Account, we may disable your Fashion Express Customer Account but keep the disabled Fashion Express Customer Account for fraud prevention or other lawful purposes. If we have received all outstanding payment from you, you may request termination of these Terms and Conditions at any time by requesting by email (or any then-available interface on the Fashion Express Platform) that your Fashion Express Account be deleted. We may terminate these Terms and Conditions at any time by giving notice to you, at our discretion, by email at your current email address on file with us or through the Fashion Express Platform.

 

4. Licensed Access to The Fashion Express Platform and Permitted Use

 

1. Subject to your compliance with these Terms and Conditions, Fashion Express hereby grants you a personal, revocable, non-exclusive and non-transferable license to use the Fashion Express Platform in accordance with these Terms and Conditions in the following manner depending on the type of User that you are:

 

1. for Customers, you may use the Fashion Express Platform to view products provided by Vendors, create an account, place orders and pay for Goods (including the delivery of Goods) (each an "Order"). You may also use feedback features of the Fashion Express Platform to rate, post comments, rating and reviews on Goods, Vendors and Couriers (as applicable);

 

1. for Vendors, you may create an account and use the Fashion Express Platform to manage the offer and fulfillment of Orders; and

 

1. for Couriers, you may create an account and use the Fashion Express Platform to manage and fulfill requests for deliveries of Orders,

 

(i)-(iii) constitute the "Permitted Use" as applicable for a specific type of users.

 

1. Reservation of Rights. Fashion Express retains the right, at its sole discretion, to deny access to anyone to the Fashion Express Platform or the Fashion Express Services, at any time and for any reason (or no reason at all), including, but not limited to, for violation of these Terms and Conditions or use other than the Permitted Use. You will cease and desist from any such access or use of the Fashion Express Platform or Fashion Express Services immediately upon request by Fashion Express.

 

1. Geographic Application of the Fashion Express Platform. The Fashion Express Platform and/or specific services may not be available at all or any times and in all or any jurisdictions. Furthermore, nothing on the Fashion Express Platform constitutes an offer or solicitation to buy or sell any product or service to anyone in any jurisdiction in which such an offer or solicitation may be prohibited by law.

 

1. Changes to the Fashion Express Platform. Fashion Express reserves the right to change or allow a third party to change any information, material or content (including, but not limited to, price, features, availability of Goods, Vendors, posting and rating/reviews of Vendors) contained on or provided through the Fashion Express Platform (the "Content") at any time, and from time to time, without notice. For greater certainty, the Content includes the User Content (as defined below).

 

5. No Unlawful or Prohibited Use

 

You may not, without Fashion Express's prior written permission, use the Fashion Express Platform, the Fashion Express Services or any Content (including other User’s User Content) for purposes other than the applicable Permitted Use. Without limiting the generality of the foregoing, you will not, and will not permit anyone else to, or attempt to use the Fashion Express Platform and/or the Content to:

1. "frame", "mirror" or otherwise incorporate the Fashion Express Platform, the Fashion Express Services or the Content or any part thereof on any commercial or non-commercial website;
2. access, monitor or copy any part of the Fashion Express Platform, the Fashion Express Services or the Content using any robot, spider, scraper or other automated means or any manual process for any purpose without Fashion Express’s express written permission;
3. violate any laws;
4. violate the restrictions in any robot exclusion headers on the Content or the Fashion Express Platform or bypass or circumvent other measures employed to prevent or limit access to the Fashion Express Services or the Fashion Express Platform;
5. remove (or permit anyone else to remove) any watermarks, labels or other legal or proprietary notices included in the Fashion Express Platform or the Content;
6. modify or attempt to modify (or permit anyone else to modify or attempt to modify) the Fashion Express Platform, or any Vendor product details, including any modification for the purpose of disguising or changing any indications of the ownership or source of the Fashion Express Platform;
7. forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Fashion Express Platform or impersonate another person or organization or misrepresent their affiliation with a person or entity;
8. attempt to, assist, authorize or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the Fashion Express Platform or the Fashion Express Services;
9. copy, reproduce, modify, translate, distribute, transfer, sell, publish, broadcast, perform, transmit, license or circulate in any form any part of the Fashion Express Platform or the Content;
10. license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Fashion Express Platform;
11. create derivative works based on the Fashion Express Platform, the Fashion Express Services or the Content, in whole or in part, or decompile, disassemble, reverse engineer or other exploit any part of the Fashion Express Platform, the Fashion Express Services or the Content;
12. use of access the Fashion Express Platform in a manner that violates the rights (including, but not limited to contractual, intellectual property or proprietary rights) of any third party; or
13. upload to or transmit through the Fashion Express Platform any information, images, text, data, media or other content that is offensive, harmful, tortuous, hateful, obscene, defamatory or violates any laws or is otherwise objectionable, in each case as determined by Fashion Express in its sole discretion.

 

6. Intellectual Property Terms

 

1. Content and Intellectual Property

 

1. Fashion Express Content and Intellectual Property Rights. The Fashion Express Platform and all content contained therein (excluding User Content as defined in Section 6(b) below), is owned or licensed by Fashion Express and protected by copyright, trade-mark and other intellectual property laws ("Fashion Express Content"). Fashion Express expressly reserves all rights in the Fashion Express Platform and all materials provided by Fashion Express in connection with these Terms and Conditions that are not specifically granted to you. You acknowledge that all right, title and interest in the Fashion Express Platform, all materials provided by Fashion Express in connection with these Terms and Conditions(including the Fashion Express Content), and any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with Fashion Express (or third party suppliers or licensors, if applicable), and that the Fashion Express Platform and all materials provided by Fashion Express hereunder are licensed and not "sold" to you.

 

1. User Content. All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Fashion Express Platform by Users ("User Content"), is the sole responsibility of such Users. This means that the User, and not members of the Fashion Express Group, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available on the Fashion Express Platform. Fashion Express may monitor User Content from time to time but Fashion Express does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will any members of the Fashion Express Group be liable in any way for any User Content including for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Fashion Express Platform. To the extent your User Content contains any personally identifiable information, that data is handled in accordance with the Fashion Express Privacy Policy and all other User Content will be considered non-confidential.

 

1. User-Related Content. Fashion Express may collect data, information, records, files, material or other content from your local computer (including mobile) system or from third-parties with your permission, and (in each case) including all results from processing such data, including compilations, and derivative works thereof ("User-Related Content"). You grant to Fashion Express Group a perpetual, transferrable, irrevocable, royalty-free, worldwide and sublicensable license to access, collect, store and use any such User-Related Content. To the extent your User-Related Content contains any personally identifiable information, that data is handled in accordance with the Fashion Express Privacy Policy. User-Related Content is not considered confidential or proprietary.

 

1. User Content License to Fashion Express. By submitting, posting or displaying User Content on or through the Fashion Express Platform or otherwise to Fashion Express, you grant Fashion Express Group, a worldwide, non- exclusive, royalty-free, perpetual, transferable, and fully sublicensable right to use, refrain from using, remove, reproduce, modify, edit, copy, adapt, publish, translate, create derivative works from, distribute, transmit, perform display and otherwise use User Content, in whole or in part. You further grant Fashion Express the right (although Fashion Express does not have the obligation) to pursue at law any person or entity that violates your or Fashion Express’s rights in the User Content by a breach of these Terms and Conditions. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit. For the avoidance of doubt, Fashion Express has no obligation to post or display any User Content on the Fashion Express Platform.

 

1. Use of Fashion Express Content and User Content by other Users. You may only use Fashion Express Content and other Users Content (eg. product details provided by Vendors) for the applicable Permitted Use. If you print extracts from the Fashion Express Platform for your own personal, non- commercial use, you must not modify the digital or papers of such materials or use any graphics, pictures, photographs or videos separately from any accompanying text.

 

1. Terms on Submissions/Feedback and Other User Content

 

1. Creating Submissions and Other User Content. Through the capabilities of the Fashion Express Platform you may be able to provide ratings/reviews, suggestions or other feedback ("Submissions"). Submissions are a subset of User Content. In creating and posting any Submissions (or other User Content) you represent and warrant that you will not post or transmit to or from the Fashion Express Platform any material or content which does or may:
   1. Breach any applicable local, national or international law;
   2. Be unlawful or fraudulent;
   3. Amount to unauthorized advertising;
   4. Contain any defamatory, obscene or offensive material;
   5. Promote violence or discrimination;
   6. Infringe the intellectual property rights of another person;
   7. Breach any legal duty owed to a third party (such as a duty of confidence);
   8. Promote illegal activity or invade another’s privacy;
   9. Give the impression that they originate from us; or
   10. Be used to impersonate another person or to misrepresent your affiliation with another person.

 

1. You will be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of Submissions or other User Content to the Fashion Express Platform.

 

1. Status of Submissions on the Fashion Express Platform. We reserve the right to remove or edit at any time any Submissions or other User Content posted, uploaded or transmitted to the Fashion Express Platform that we determine breaches the restrictions in Section 6(d)(i) above or is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any reason. Any Submissions on the Fashion Express Platform is for information purposes only and does not constitute advice from us or the opinions of anyone within the Fashion Express Group. User Content may reflect the opinions of Customers who have ordered through the Fashion Express Platform and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, no members of the Fashion Express Group assume any responsibility or liability to any person for any User Content, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.

 

1. Public Display of Submissions. You acknowledge that Fashion Express may choose to provide attribution of your Submissions (for example, listing a date, User’s name and city on a User’s rating/review that you submit) at Fashion Express’s discretion, and that such User Content may be visible to other Users and visitors to the Fashion Express Platform. By providing a rating/review you acknowledge and consent to us using your given name in association with the rating/review. All ratings/reviews that we receive may be moderated before we publish them. We may do this to make sure that ratings/reviews fit our content guidelines.

 

Note on Privacy. If you access any Personal Information through or in connection with

the Fashion Express Platform you agree that you will treat such Personal Information in

accordance with Fashion Express 's current Privacy Policy and you will not collect or

harvest any Personal Information, including Personal Information of other users, except

as permitted by these Terms and Conditions.

 

7. Advertising and Third Party Websites

1. If you elect to have any business dealings with anyone whose products or services may be advertised on the Fashion Express Platform, you acknowledge and agree that such dealings are solely between you and such advertiser and you further acknowledge and agree that no member of the Fashion Express Group will have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings.

 

1. The Fashion Express Platform may provide links to third party websites and such links are provided solely for your convenience. Third party websites: Links to third party websites on the Fashion Express Platform are provided solely for your convenience. If you use these links, you leave the Fashion Express Platform. We have not reviewed and do not control any of these third-party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third-party websites linked to the Fashion Express Platform, you do so entirely at your own risk.

 

1. Fashion Express reserves the right to prohibit or remove (or require you to remove) any link to the Fashion Express Platform, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time.

 

8. Availability and Updates

 

1. Fashion Express may alter, suspend, or discontinue the Fashion Express Platform or Service at any time and for any reason or no reason, without notice. The Fashion Express Platform or Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Fashion Express may periodically add or update the information and materials on this Fashion Express Platform without notice.

 

1. While we try to ensure the Fashion Express Platform is normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and no members of the Fashion Express Group will be liable to you if the Fashion Express Platform is unavailable at any time or for any period.

 

1. Fashion Express may upgrade or alter the Fashion Express Platform at any time. Fashion Express may remotely access the Fashion Express Platform (including for greater certainty any Fashion Express Platform App) at any time for any lawful reason, in particular to update the software or to perform software maintenance.

 

9. DISCLAIMERS

 

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THESE Terms and Conditions (INCLUDING THE FOLLOWING DISCLAIMERS AND LIMITATIONS OF LIABILITY) MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

1. Content: While we try to ensure that information on the Fashion Express Platform is correct, we do not promise it is accurate or complete. We may make changes to the material on the Fashion Express Platform including to Goods and prices described on it, at any time without notice. The material on the Fashion Express Platform may be out of date, and we make no commitment to update that material.

 

1. Vendor actions and omissions: The legal contract for the supply and purchase of Goods is between the Customer and the Vendor that you place your Order with. We have no control over the actions or omissions of any Vendor or Courier. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Fashion Express Platform:

 

1. We do not give any undertaking that the Goods ordered from any Vendor through the Fashion Express Platform will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.

 

1. Estimated times for deliveries provided by Fashion Express are only estimates. Neither we nor the Vendors or Couriers guarantee that Orders will be delivered within the estimated times.

 

1. We encourage all Vendors accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Vendor rejects your Order. However, we do not guarantee that Vendors will accept all Orders, and Vendors have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason.

 

The foregoing disclaimers do not affect Customer’s statutory rights against any Vendor or Courier.

 

1. Service Disclaimers
   • .Viruses. The downloading and viewing of the Fashion Express Platform or the Content is done at your own risk. Fashion Express cannot and does not guarantee or warrant that the Fashion Express Platform or the Content are compatible with your computer system or that the Fashion Express Platform or the Content, or any links from the Fashion Express Platform or the Content, will be free of viruses, worms, malware, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Fashion Express Platform.

 

1. Communications Not Confidential. Fashion Express does not guarantee the confidentiality of any communications made by you through the Fashion Express Platform. Although Fashion Express generally adheres to the accepted industry practices in securing the transmission of data to, from and through the Fashion Express Platform, you understand, agree and acknowledge that Fashion Express cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Fashion Express Platform.

 

10. NO IMPLIED WARRANTIES; LIMITATIONS OF LIABILITY.

 

1. NO IMPLIED WARRANTIES. THE FASHION EXPRESS SERVICES, THE FASHION EXPRESS PLATFORM AND THE CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, FASHION EXPRESS DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE FASHION EXPRESS SERVICES, Fashion Express PLATFORM AND THE CONTENT WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT THE Fashion Express SERVICES, THE Fashion Express PLATFORM OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.

 

1. EXCLUSION OF INDIRECT DAMAGES. IN NO EVENT WILL FASHION EXPRESS OR ANY MEMBER OF THE FASHION EXPRESS GROUP BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT FASHION EXPRESS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE FASHION EXPRESS SERVICES, THE FASHION EXPRESS PLATFORM OR THE CONTENT.

 

1. NO RESPONSIBILITY FOR VENDORS AND COURIERS. VENDORS AND COURIERS OFFERING GOODS OR SERVICES THROUGH THE FASHION EXPRESS PLATFORM ARE INDEPENDENT PERSONS OR ORGANIZATIONS AND NOT REPRESENTATIVES, AGENTS OR EMPLOYEES OF FASHION EXPRESS. FASHION EXPRESS IS THEREFORE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, CONTRACTUAL BREACHES OR NEGLIGENCE OF ANY VENDORS OR COURIERS OR FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM AND TAKES NO RESPONSIBILITY WHATSOEVER FOR THE PRODUCTS OR SERVICES OFFERED BY VENDORS OR COURIERS.

 

1. LIMITATION OF LIABILITY. TO THE EXTENT THAT THE FOREGOING LIMITATIONS DO NOT APPLY, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF THE FASHION EXPRESS GROUP IN CONNECTION WITH OR UNDER THESE Terms and Conditions, INCLUDING IN CONNECTION WITH YOUR USE OF, OR INABILITY TO MAKE USE OF.
2. Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Fashion Express Platform, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.

 

THE LIMITATIONS ABOVE REFLECTS A FAIR ALLOCATION OF RISK BUT FOR WHICH FASHION EXPRESS WOULD NOT MAKE THE FASHION EXPRESS PLATFORM AND/OR FASHION EXPRESS SERVICES AVAILABLE TO USERS. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

11. Indemnification

 

You agree to defend, indemnify and hold harmless Fashion Express Group, its licensors and their directors, officers, agents, contractors, partners, representatives and employees from and against any threated or actual claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal fees, incurred in connection with or as a result of:

 

1. your breach of these Terms and Conditions or any documents referenced herein;

 

1. your violation of any law or the rights of a third party (including, without limitation, intellectual property rights);

 

1. your breach of or failure to perform in respect of any Orders made by you or by any third party acting on your behalf or with your permission; or

 

1. Fashion Express reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by Fashion Express.

 

12. Governing Law and Dispute Resolution

 

1. Governing Law. These Terms and Conditions will be governed by the laws of United States, These laws apply to your access to or use of the, the Fashion Express Platform, the Fashion Express Services or the Content, notwithstanding your domicile, residency or physical location. The Fashion Express Platform, the Fashion Express Services and the Content are intended for use only in jurisdictions where they may lawfully be offered for use.

 

1. Dispute Resolution Process.

 

1. Except to the extent restricted by applicable law, if there is any dispute or controversy between (1) you and (2) Fashion Express or any members of the Fashion Express Group, including any dispute or controversy arising out of or relating to these Terms and Conditions, the Fashion Express Platform or Fashion Express Services, any interactions or transactions between (1) you and (2) Fashion Express or any members of the Fashion Express Group, or in respect of any legal relationship associated with or derived from these Terms and Conditions, including the validity, existence, breach, termination, construction or application, or the rights, duties or obligations of you or us, (each, a "Dispute"), the disputing person will serve notice on the other person and each you and us must use good faith efforts to resolve the Dispute informally.

 

1. Except to the extent restricted by applicable law, if the Dispute is not resolved after twenty (20) business days of a person serving notice on the other party that there is a Dispute, you and us agree that the Dispute will be finally resolved by confidential arbitration before a single arbitrator in accordance with the Arbitration Rules.. The seat of the arbitration will be United States or wherever convenient or necessary acting reasonably. There will be no appeals of any kind. The language of the arbitration will be English unless otherwise required by applicable law or agreed to by you and us. Boutique or Driver will pay the reasonable arbitration costs.

 

1. Except to the extent restricted by applicable law, you and us agree that you and us will resolve any Dispute on an individual basis. Any claim you may have must be brought individually, in your individual capacity and not as a representative plaintiff or class member, and you will not join such claim with claims of any other person or entity, or bring, join or participate in a class action lawsuit, collective or representative proceeding of any kind (existing or future) against any members of the Fashion Express Group.

 

1. Nothing in this Section will prohibit us from seeking interim measures from a court, including preliminary or injunctive relief of breach of you of any intellectual property rights.

 

13. Miscellaneous

 

1. Interpretation. Unless the context clearly requires otherwise, (a) references to the plural include the singular, the singular the plural, the part the whole, (b) references to any gender include all genders, (c) “including” has the inclusive meaning frequently identified with the phrase “but not limited to” and (d) references to “hereunder” or “herein” relate to this Agreement. The section headings in this Agreement are for reference and convenience only and shall not be considered in the interpretation of these Terms and Conditions.

 

1. Entire Agreement. If you are a Customer, these Terms and Conditions, the Privacy Policy and any documents incorporated by reference herein constitute the entire agreement between Fashion Express and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Fashion Express with respect to the Fashion Express Platform. A printed version of these Terms and Conditiona and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

1. Notices. Fashion Express may, in its sole discretion, provide any notices to you in connection with these Terms and Conditions through the Fashion Express Platform or by email at the then-current email address for you on file with Fashion Express. Fashion Express may be contacted in writing at:

 

help@FashionsExpress.com

 

Fashion Express may change its notice contact information from time to time by posting updated contact details on the Fashion Express Platform.

 

1. No Waiver. Fashion Express's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions will not be construed as a waiver of any provisions or right.

 

1. Force Majeure. Fashion Express will not be liable to you for any failure of or delay in the performance of its obligations under these Terms and Conditions for the period that such failure or delay is due to causes beyond Fashion Express's reasonable control, including but not limited to acts of God, power outages, internet disconnectivity, war, strikes or labor disputes, embargoes, government orders or any other force majeure event.
2. Severability. If any of the provisions contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.

 

1. Order of Precedence. If any of the provisions contained in these Terms and Conditions conflict with the terms of another agreement between you and us, then these Terms and Conditions will prevail; provided that, if you are also a Vendor registered on the Fashion Express Platform, the terms applicable to the Vendor agreement will govern your relationship with Fashion Express in connection with your use of the Fashion Express Platform as a Vendor offering its services.

 

1. Language. These Terms and Conditions are made available in English.

 

1. Assignment. You may not transfer any of your rights or obligations under these Terms and Conditions without our prior written consent. We may transfer any of our rights or obligations under these Terms and Conditions without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.

 

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II. ORDERING TERMS

 

1. Access, Fashion Express Services and Products

 

Through the Fashion Express Platform, you may place orders for Goods from Vendors, you may receive delivery of the Goods and Fashion Express may provide customer care support between you, Couriers and Vendors (these services and associated services such as order management, payment processing for Orders and provision of access to the Fashion Express Platform provided by Fashion Express from time to time are the "Fashion Express Services"). For the avoidance of doubt, Fashion Express does not prepare or fulfill any orders for Goods and no members of the Fashion Express Group will be liable for any transactions between Customers, Couriers or Vendors. Fashion Express may provide products or services to Couriers or Vendors through a separate agreement executed with such parties. Menus and other Vendor-related information on the Fashion Express Platform is content provided by the Vendor and not Fashion Express.

 

1. Fashion Express Customer Account

 

To use the Fashion Express Platform and most features of the Fashion Express Services, you are required to successfully create a user account (the "Fashion Express Customer Account") using the available interfaces at the Fashion Express Platform.

 

1. Placing Orders
   1. Once you have created your Fashion Express Customer Account you may select Goods from a Vendor’s menu, choose your desired quantities, and then add them to your cart. Your cart may be edited at any time prior to placing an Order. Once you have made your selection, you may proceed to place your order. At this time you will have the opportunity to review your cart items. After you review and confirm that the items in your cart are correct, you may proceed to place your Order, provide your payment card information or select the cash payment option, if available, and an Order will be created and sent to the Vendor. You are responsible to ensure that all of your Order details, including billing, delivery address and other information is current, complete and accurate. Your payment card will be charged when you place your Order if the Order is a Card Order (as defined in section 6(b)). Once you have placed your Order, you will not be entitled to change or cancel your Order and you will not be entitled to a refund (except where required by law). Notwithstanding that you are not entitled as of right to change or cancel your Order or be entitled to a refund (except where prohibited by law), if you wish to amend or cancel your Order for a total or partial refund of your Order’s price, you must get in touch with Fashion Express via chat, email or the Fashion Express support phone line at the contact information provided on the Fashion Express Platform.

 

1. We encourage Vendors to confirm all Orders and to communicate any inability or unwillingness to confirm promptly, and we will notify you as soon as reasonably practicable if the Vendor does not confirm your Order. Vendor's may have the discretion to not confirm Orders. For Card Orders (as defined in section 6(b) below), Fashion Express will provide you with a refund of the price of your Order after communicating to you the non-confirmation or cancellation of your Order by the Vendor.

 

1. Because of standard banking procedures, once you have placed a Card Order and your payment has been authorized, your bank or card issuer will "ring-fence" the full amount of your Order. If your Order is not confirmed by the Vendor or cancelled for any other reason, your bank or card issuer will not transfer the funds for the Order to us, and will instead release the relevant amount back into your available balance. However, this may take a period of typically up to 5 working days (and in some cases up to 30 days, depending on your bank or card issuer). You acknowledge and agree that no members of the Fashion Express Group nor the relevant Vendor will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.

 

1. You agree that Fashion Express or the Vendor will have no liability to you for Orders that are not confirmed, are cancelled or that the Vendor has been unable or unwilling to fulfill.

 

1. Customer Care, Goods Contract, Third Party Couriers and Refunds

 

1. Fashion Express may offer customer care in respect of issues relating to the Vendors and the Couriers. If you have any problems, questions or suggestions with respect to the Fashion Express Platform or your Order, please contact Fashion Express (and not the Vendor or Courier) via email or phone at the contact information provided on the Fashion Express Platform.

 

1. The legal contract for the purchase of Goods will in all cases be between the Customer and the Vendor. You irrevocably appoint and authorize us to act as your sole and exclusive agent for the purpose of concluding contracts for the sale of Goods between you and the Vendor by means of you placing Orders via the Fashion Express Platform. We may act as agents for the Customer and the Vendor for the legal contract for the purchase and sale of the Goods. you acknowledge and agree that no member of the Fashion Express group has any control over the quality of the goods or services offered by vendors and couriers and that no members of the fashion express group will have liability to you for any problems caused by the vendor concerning your orders, including, without limitation, missed or late deliveries, missed goods items, and any problems with respect to the quality of the goods delivered.

 

1. For Delivery Orders that Fashion Express arranges or for which third-party couriers provide delivery services, we are not liable for any service or product provided by such couriers.

 

1. Fashion Express may provide, at its discretion, the refund or compensation by payment to your payment credit or debit card or providing the Customer with Fashion Express Credits (as defined below).

 

1. Payment Processing Services

 

Payment processing services for the Fashion Express Platform are provided by payment services providers as Fashion Express may choose from time to time (collectively referred to as the "Payment Processing Services Provider"). You hereby authorize Fashion Express to share with the Payment Processing Services Provider that financial information, banking details and transaction information related to your use of the payment processing services and the Fashion Express Platform. You also agree that the Fashion Express Group is not responsible for the use or misuse of such financial information, banking details and transaction information by the Payment Processing Services Provider or any third party.

 

1. Price and Payment

 

1. Goods prices listed on the Fashion Express Platform from a Vendor in the United States are in United States dollars. Goods prices may not include applicable tax and delivery charges. Taxes and delivery charges may be added at checkout and will be payable by you along with the Order price.

 

1. Payment for Orders must be made with an accepted credit or debit card through the Fashion Express Platform ("Card Orders") or in certain circumstances may be made by cash directly to the Vendor or courier ("Cash Orders"). If you choose a Cash Order, you must pay the Vendor or courier, as applicable and are liable for failure to do so.

 

1. For Card Orders, you will be charged at the time of placing your Order. The Fashion Express Platform uses the third-party payment processors to effect charges onto your debit or credit card. You consent to the collection and use of your information (including, if applicable, personal information) by such payment processing service as necessary to process your payments. We reserve the right to change, or to stop accepting, any permitted payment method at any time at our sole discretion. You agree we may charge your payment card for any order placed and for any additional amounts (including any taxes) as may be applicable in connection with your purchase. You are responsible to ensure that all of your billing information is current, complete, and accurate. We will provide you with an online or emailed billing summary statement which you may review, save, or print at your discretion. This is the only billing statement that will be provided by us.

 

1. Fashion Express or the Vendor is under no obligation to fulfill your Order at the incorrect price. Prices at the Vendor’s Goods in the Vendor’s physical location and