Terms of Service
(Effective as of May 1, 2018)
TERMS OF SERVICE
Welcome to Fashion Curated Online N.Y.C.! This store website is owned and operated by Fashion Curated Online N.Y.C. Throughout the site, the terms "Fashion Curated", "Fashion Curated N.Y.C.", "Fashion Curated New York City", "Fashion Curated Online New York City", “we”, “us” and “our” also refer to Fashion Curated Online N.Y.C. Fashion Curated Online N.Y.C. offers this website (www.fashioncuratednyc.com, the "Website"), any other website(s) owned and/or operated by Fashion Curated Online N.Y.C. (if applicable) and any associated web pages (if applicable), including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and store policies referenced herein and/or available by hyperlink on our website. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
In the event of a violation to these Terms, we reserve the right to seek all remedies available by law and in equity. You agree that monetary damages may not provide a sufficient remedy to Fashion Curated Online N.Y.C. for violation of these Terms and you consent to injunctive or other equitable relief for such violations.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We try our absolute best to keep our website as accurate and complete as possible in a timely manner. However, in real-time numerous factors including but not limited to our suppliers' inventory and ability to fulfill our orders/requests, our stock inventory on-hand may change at any time without notice. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information such as submitting a Customer Service Request. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor any changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort, including but not limited to requiring the permissible use of all professional product imagery of our Suppliers' products sold in our store, to display as accurately as possible the colors, styles, and images of our products that we sell in our store to our customers. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - LIMITED LICENSE
The Services and all of its materials, including, but not limited to, its software or HTML code, all websites, scripts, text, artwork, photographs, images, video and audio (collectively, "Materials") may be protected by copyright, trademark and trade dress laws and other U.S. and international laws and treaties. The Materials are the property of Fashion Curated Online N.Y.C and/or a third party. No right, title or interest in the Materials is conveyed to you. Unless expressly authorized in writing by Fashion Curated Online N.Y.C., you may use the Materials and the Services solely for your personal and non-commercial use. You agree to only access or use the Materials or Services solely for legal purposes, as allowed by these Terms. (International users agree to comply with all applicable local laws regarding privacy, online conduct and acceptable use and content.)
This is a non-exclusive, limited and revocable license, not a transfer of title to the Materials, and such license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit the Website, the Services or any of the Materials without our express prior written permission; and (b) you may not access or use the Website or the Services for any competitive or commercial purpose. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. Fashion Curated Online N.Y.C. may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by Fashion Curated Online N.Y.C. or its licensors, suppliers, publishers, rightsholders or other content providers.
SECTION 7 - USER ACCOUNTS & ACCURACY OF BILLING AND ACCOUNT INFORMATION
To fully enjoy the Services, you may choose to register with us through the Website and create an account (the “Account”). If you do, you will have access to your Account by providing an e-mail address and password. You agree that all of the information that you provide to Fashion Curated Online N.Y.C. is true, accurate and current in all respects, to the best of your knowledge. You are responsible for maintaining the confidentiality of your access information and for controlling access to your Account and your computer. You agree to accept responsibility for all activities that occur under your Account. We may terminate your Account at any time, for any reason or no reason and without prior notice to you.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors or appear to be fraudulent.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 8 - OPTIONAL WEBSITE FEATURES AND TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 9 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 11 - PERSONAL INFORMATION
SECTION 12 - PROMOTIONAL CODES
Promotion codes are non-transferable and there is no cash value or alternative. They cannot be used in conjunction with any other promotion codes and must be redeemed by the date(s) published.
SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 14 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 15 - DISCLAIMER; LIMITATION OF LIABILITY
NO COPYRIGHT INFRINGEMENT INTENDED.
All of the products and/or services sold by Fashion Curated Online N.Y.C. are products professionally "curated" from various trustworthy brands and labels from an extensive network of verified, trustworthy suppliers (i.e. distributors, retailers, designers, and/or wholesalers).
When selecting or "curating" the suppliers and/or merchandise to be sold, Fashion Curated Online N.Y.C. looks for companies that adhere to our own quality and service standards.
All of the products sold at Fashion Curated Online N.Y.C. are to be 100% Genuine, Authentic, and made of the highest quality ingredients, fabrics and materials. Therefore, products sold at Fashion Curated Online N.Y.C. are made to be effective, look amazing and last!
Fashion Curated Online N.Y.C. does NOT manufacture any of the products sold (unless stated otherwise).
Fashion Curated Online N.Y.C. also has a separate, designated "curated" collection of "Celebrity-Inspired" fashions. These collections with "Celebrity-Inspired" fashions will ALWAYS be stated as "INSPIRED" and are NOT to be misconstrued as an "Exact Original" of any Designer Fashion.
These "Inspired" product collections primarily consist of affordable, LEGAL recreations of inspired Hollywood, Celebrity, Red-Carpet fashion and accessories.
These "Inspired" products sold are NOT to be confused with other designers such as Herve Leger or any other bandage dress or high fashion couture designer or jeweler.
For this reason, Fashion Curated Online N.Y.C. does NOT claim the "Inspired" product(s) to be 'Originals' or 'Exact' copies of any designer product. Therefore, our "Inspired" product(s) do NOT violate any copyright laws. No copyright infringement is ever intended.
The celebrity images used (if any) are for novelty/informational purposes only, purely to recreate the look of the celebrity by depicting the similarity between Fashion Curated Online N.Y.C.'s products and those worn by the celebrities.
Unless stated in the product's description, product(s) sold at Fashion Curated Online N.Y.C. is/are NOT the "Exact" item(s) the celebrity is wearing, but a LEGAL, high quality, stylish, and fashionable inspired recreation.
The celebrities shown or mentioned do NOT endorse the product(s), nor are the celebrities affiliated or associated with Fashion Curated Online N.Y.C. unless stated otherwise.
Fashion Curated Online N.Y.C. does NOT claim to own any of the images and/or trademarks displayed and/or used on this website, and/or any of our online marketplace shops, catalog, and/or any promotional materials or complementary sites, if applicable (i.e. Social Media-Facebook, Twitter, etc.) for the images displayed/used belong to a third party and/or our Suppliers-their respective owners unless stated otherwise.
All product images used are actual photos of the actual product(s) for sale. All photos used by Fashion Curated Online N.Y.C. are to depict the product(s) being sold to customers as accurately and professionally as possible with high quality photos. Therefore, it is required that Fashion Curated Online N.Y.C. uses the Vendors'/Suppliers' high-quality photos of their products that will be sold by Fashion Curated Online N.Y.C. Once again, all images and/or trademarks used herein are the property of their respective owners.
The Suppliers (a.k.a. Vendors) that we use are "classified" and treated as trade secrets. In the interest of protecting these trade secrets, the respective owners of these images (a.k.a. our Suppliers) are privately assigned Supplier Code Numbers by Fashion Curated Online N.Y.C. For each individual product listed, Suppliers may be credited for the image(s) if required in ONE of TWO of the following ways: (1) The actual image(s) used for the product listed may contain a border frame with a caption that states the corresponding Supplier Code Number for that specific product, OR (2) the corresponding Supplier Code Number for the item will be stated in the product's description.
If you are the owner of an image used and would like to be credited (i.e. verify that you're credited by verifying the assigned Supplier Code that was used) or have the image(s) removed, please contact Fashion Curated Online N.Y.C. at firstname.lastname@example.org with the Subject "Product Images" and the matter will be dealt with immediately.)
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Fashion Curated Online N.Y.C., our directors, officers, employees, affiliates, agents, contractors, interns, vendors/suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 16 - COPYRIGHT
All content included in or made available through any of the Services, such as text, graphic, logos, button icons, images, audio clips, digital downloads and data compilations is the property of Fashion Curated Online N.Y.C. or our affiliates, suppliers, third party vendors or other related parties and is protected by United States and international copyright laws. Any rights not expressly granted herein are reserved by Fashion Curated Online N.Y.C.
SECTION 17 - TRADEMARKS
Fashion Curated Online N.Y.C. retains all rights regarding their trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of Fashion Curated Online N.Y.C. and are protected by U.S. and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these Terms. Your misuse of the marks displayed on the Website or in the Services is strictly prohibited. You are also advised that Fashion Curated Online N.Y.C. will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
The Website and the Services may also contain references to other trademarks, trade names, brand names and/or trade dress from entities other than Fashion Curated Online N.Y.C. These trademarks, trade names, brand names and/or trade dress are the property of the respective owners and references to them do NOT suggest sponsorship or association with Fashion Curated Online N.Y.C.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Fashion Curated Online N.Y.C. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, vendors/suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 19 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 21 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New York, New York US 10023.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com with the Subject "Terms of Service".