STORE (collectively “we”, “our” or “us) provide you access to and use of the features contained in this site (the “Site”) and related services such as newsletters, e-mails, notifications, products or services provided by us (collectively, the “Services”) subject to the following Terms of Service (collectively, the “Terms of Service” or “Terms”). The following Terms of Service constitutes an agreement between you and STORE. You will be deemed to have accepted the Terms of Service if you continue to use the Site. We reserve the right to update, change, modify or otherwise alter these Terms of Service at any time. If any material changes are made to these Terms, we will post the revised Terms on the Site or notify you through the Services. You are advised to check the Site from time to time to check the update or changes to the Terms of Service. Any access or use of the services by you after the changes go into effect shall constitute your acceptance. If you do not want to be bound by these Terms, do not use or access any part of the Services.
USER ACCOUNT, PASSWORD, AND SECURITY
Upon completing the registration process for using our services, you are responsible for maintaining the confidentiality of your account and login details (username and password). In addition, you agree to (a) immediately notify us of any unauthorized use of your account or account login or any other breach of security; and (b) ensure that you log out from your account at the end of each session.
USER'S LEGAL OBLIGATION AND COMMITMENT
You agree to never use our services for any illegal purpose or in any unlawful manner, and undertake to comply with related laws of the Hong Kong SAR and all international practices for Internet use. If you are a user outside the Hong Kong SAR, you agree that your relationship with us, the Designer and FASHION'ed STORE (i.e. Kickstarter Fashion Consultancy Limited) respectively shall be governed by the laws of Hong Kong. You agree and pledge not to use our services to infringe on the rights or interests of others, or for any illegal conduct. You agree not to use our services to: (a) upload, post, publish, email, transmit, or otherwise make available any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content") that is libellous, defamatory, unlawful, harmful, threatening, abusive, harassing, tortious, vulgar, obscene, false, invasive of another's privacy, hateful, or that violates or incites violation of public order, or that is racially, ethnically, or otherwise objectionable; (b) upload, post, publish, email, transmit, or otherwise make available any Content that violates or infringes on another person's reputation, privacy, trade secrets, trademark, copyright, patent rights, other intellectual property rights, or other rights; (c) upload, post, publish, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law, or under contractual or fiduciary relationships; (d) impersonate any person or entity including using another person's name to use our services; (e) upload, post, publish, email, transmit, or otherwise make available any material that contains software viruses, or any other computer code, files, or programs designed to interrupt, damage, or limit the functionality of any computer software, hardware, or telecommunications equipment; (f) engage in illegal transactions, post false or erroneous messages, or post message that induce others to commit crimes; (g) upload, post, publish, email, transmit, or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose; (h) harm minors in any way; (i) forge headers or otherwise manipulate identifiers to disguise the origin of any Content transmitted through our services; (j) interfere with or disrupt the our services, or servers or networks connected to our services, or disobey any requirements, procedures, policies or regulations of networks connected to our services including using any device, software or routine to bypass our robot exclusion headers; (k) "stalk" or otherwise harass another, or collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs "a" through "j" above; and/or (l) to conduct any other activity or behaviour that we see as inappropriate on reasonable grounds.
SYSTEM INTERRUPTIONS OR BREAKDOWNS
When accessing our services, you may at times encounter interruptions or breakdowns. This may lead to inconvenience during use, loss of information, errors, unauthorised alteration, or other economic losses. We advise that you take protective measures when using our services. We will not be liable for any damage or loss resulting from your use (or inability to use) our services.
INFORMATION OR SUGGESTIONS
We do not guarantee the complete correctness and accuracy of information or suggestions acquired from your use of our services or other websites connected to our services (including but not limited to business, investment, medical, or legal information or suggestions). We reserve the right to modify or delete at any time any information or suggestion provided under our services. Before making plans and decisions based on information or suggestions obtained from our services, you must obtain professional advice in keeping with your individual requirements.
All advertising content, text or picture descriptions, display samples, or other marketing information that you see when using our services ("Advertisement"), are designed and provided by their advertising companies, or product or service suppliers. You should exercise your own discretion and judgment about the correctness and reliability of any Advertisement. We shall not assume responsibility for any Advertisement.
You may use our services and that of FASHION'ed STORE (i.e. Kickstarter Fashion Consultancy Limited) to buy products displayed by their respective designers (the “Designers”) on the Site. These products are designed and manufactured by the Designers. If you engage in any transaction, you will be buying the Products direct from the Designers. The Designers have the sole responsibility to ensure that the listed product descriptions, such as fabric and materials, are accurate, complete, current and error-free. You should request the designers to provide explanations and descriptions of their products in terms of the quality, availability, shipping and product care instructions. In case of any dispute arising out of a trade, your remedy is solely against the relevant Designer.
We may take actions against your account for activities including, but not limited to:
Using any technology to attempt to hide the use of multiple accounts or disrupt any of our Services in any way
Initiating communications that contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or racially, ethnically or otherwise objectionable material
Advertising or sending unsolicited messages of any kind
Impersonating others or providing any kind of false information
STORE reserves the right to terminate any account at its sole discretion with or without prior notice to inform you of such termination.
All contents and information relating to the Products are provided by the Designers who own the intellectual property and are protected by intellectual property and copyright laws and international treaty provisions. The Site is for your personal and non-commercial use only. Any non-personal and/or commercial use of the Content is only permitted when expressly authorised by STORE and Designers and/or its third party licensors. You may not distribute, reproduce, publish, sell or license any Content contained within the Site without prior consent or authorization of STORE and Designers. Any such unauthorized actions may result in civil consequences or criminal penalties.
STORE takes intellectual property rights very seriously. We strive to comply with intellectual property laws and industry best practices in order to maintain the integrity of our creative marketplace. STORE respects the intellectual property of others. If you would like to submit a notification of alleged infringement, counter a notice of copyright infringement submitted against you, or withdraw a notification of infringement that you submitted, please contact us.
THIRD PARTY SITES
We may include hyperlinks on our Platforms to other websites or resources operated by parties other than The STORE and FASHION'ed STORE (i.e. Kickstarter Fashion Consultancy Limited). They may include advertisers. All external websites operated by third parties are the sole responsibilities of their web operators and therefore beyond our control and responsibility. As The STORE has not reviewed all of the sites linked to its website, we are not responsible for the appropriateness, reliability, timeliness, effectiveness, correctness, and completeness of any off-site pages.
ELIGIBILITY TO PURCHASE
In order to place orders with the Designers, you are required to:
Be in possession of a valid credit card issued by a licensed bank acceptable to us for payment or be in possession of a valid Alipay account
Provide personal and payment details that are warranted by you to be both valid and accurate (email address, real name, phone number, billing information and other requested information as indicated on the Site)
All orders are subject to stock availability and confirmation of the order price. Items in your shopping basket are not reserved and may be purchased by other customers.
The Site is for your personal use only. You may not purchase goods from the Site for reselling purposes or commercial exploitation.
LIABILITY ON PRODUCT
The Designers have the sole responsibility to ensure that the listed product descriptions, such as fabric and materials, are accurate, complete, current and error-free. Neither STORE nor FASHION'ed STORE (i.e. Kickstarter Fashion Consultancy Limited) accepts any responsibility to you on the product quality, availability, delivery and shipping, product return and refund, or any other issues relating to or arising from the trade between you and the Designer.
DISPLAY OF ITEMS ON THE WEBSITE
You should be aware that the colour and appearance of the Item as displayed on your computer monitor or any other display may differ from the actual colour and appearance of the Item. Items sold through the Site are sold “as is” and accordingly we encourage you to carefully review all photographs and the description of the condition of any Item that they are considering buying. We also encourage you to contact the Designer if you have any questions regarding an Item before buying it. You may call us or email us and we will ask the Designer to follow up with you. The stated Price is designed for cost recovery purpose. The display of Items and prices on the Site does not constitute an offer on our part.
ITEMS YOU PURCHASE
FASHION'ed STORE (i.e. Kickstarter Fashion Consultancy Limited) is one of the start-up incubatees of the platform. Neither STORE nor FASHION'ed STORE (i.e. Kickstarter Fashion Consultancy Limited) manufactures any of the items sold through our Platforms. FASHION'ed STORE provides the Platforms to connect buyers and Designers. The items in the Platforms are produced, listed, and sold directly by independent Designers, so STORE cannot and does not make any warranties about their quality, safety, or even their legality. All orders are subject to availability and confirmation of the order price. Any legal claim related to an item you purchase must be brought directly against the designer of the item. You release STORE from any claims related to items sold through the Site, including for defective items, late or non-delivery, lost goods, return and refund arrangement, misrepresentations by Designers, or product liability claims.
Prices shown on the Site may be changed from time to time by the Designers. Prices displayed on the Site at the time your order is received will be honoured except in the case of obvious error. Whilst we use our best endeavours to require the Designers to ensure that the prices are accurate, we do not guarantee that they are error-free and reserve our right to rectify any errors. If we discover an error in the price of any products that you have ordered, we will inform you as soon as possible and offer you the option of reconfirming or cancelling your order. If we are unable to contact you within 24 hours of your order when we discover an error in the price, we will treat the order as cancelled. Your payment will be charged in Hong Kong Dollars (HKD). If your credit/debit card is not denominated in Hong Kong Dollars (HKD), the final price charged in your currency will be calculated by your issuing bank in accordance with the applicable exchange rate on the day your card issuer processes the transaction. A foreign currency exchange tool is provided on the Platforms as a reference only and does not reflect the final price paid. Hong Kong orders are not subject to taxes and duties. Taxes and duties applicable to your order depending on the shipping country of your order. You will be responsible for the payment of all import tax and duties levied by the country to which the products are shipped and payment of the said tax and duties is necessary for the release of the products ordered from the customs on arrival. All retail prices listed on the website are suggested retail price only.
Payment for your order is handled by FASHION'ed STORE (i.e. Kickstarter Fashion Consultancy Limited) for and on behalf of the Designer of the item you selected. FASHION'ed STORE (i.e. Kickstarter Fashion Consultancy Limited) accepts payment by MasterCard, Visa, China UnionPay (CUP) and Alipay. In placing an order with the Designer, you authorize FASHION'ed STORE (Kickstarter Fashion Consultancy Limited) to process a charge or charges on your credit card in the amount of the total purchase price of your order. By placing an order, you confirm that the credit card and online payment account is yours or that you have been authorized by the owner to use it.
If your card issuer refuses to authorize payment to FASHION'ed STORE (i.e. Kickstarter Fashion Consultancy Limited), your order is deemed incomplete. We will not be liable for any delay or non-delivery of incomplete order. For CUP payments, payments will be debited immediately when the order is placed. Yet, your order will only be accepted until we send you an email to confirm the goods have been dispatched to you and your payment has been accepted. We take all reasonable care to keep the details of your order and payment secure. However, unless we are fraudulent or negligent, we will not be liable to you for any losses caused as a result of any unauthorized access to this data by a third party.
ACCEPTANCE OF YOUR ORDER
Once you have placed your order, you will receive an email acknowledging the receipt of your order with the Designer. This email is only a confirmation of receipt of your order and does not constitute an acceptance of your order. Your order will be accepted and the contract between you and individual Designers will be made when you receive an email to confirm the goods have been dispatched to you. Only the goods listed in the confirmation email sent at the time of dispatch are included in the contract formed. All sales and payment transactions are concluded in Hong Kong SAR and governed by the laws of Hong Kong.
The individual designers may exercise their right not to accept an order for any reason at its sole discretion. Such reasons include, but are not limited to, one of the following:
- The product you ordered is out of stock or is withdrawn due to its failure to meet our quality standards or due to the shipping restrictions applicable to one or all of the ordered items.
- There is a pricing or product description error.
- Authorization for payment is not obtained.
- You do not meet the eligibility criteria to purchase as set out in this TOS.
- Our Customer Service team will contact you as soon as possible if there are any problems with your order.
SHIPPING AND DELIVERY
All locally purchased products are shipped by FASHION'ed STORE (i.e. Kickstarter Fashion Consultancy Limited) on behalf of individual Designers. Individual Designers will be responsible for international shipping. All the purchased item(s) will be arranged to dispatch within 72 hours after the order has been placed and accepted by individual Designers. You will be given a tracking number when you receive an email to confirm the goods have been dispatched to you. The ownership rights to the purchased products that individual Designers sell you will transfer from individual Designers to you when the purchased products are delivered to the designated shipping location. STORE and FASHION'ed STORE (i.e. Kickstarter Fashion Consultancy Limited) reserve the right to update its shipping policy at its sole discretion without prior notice.
DISCLAIMER AS TO OWNERSHIP OF TRADE MARKS, IMAGES OF PERSONALITIES AND THIRD PARTY COPYRIGHT
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with STORE and you should not rely on the existence of such a connection or affiliation. Any trademarks/ names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to STORE and FASHION'ed STORE (i.e. Kickstarter Fashion Consultancy Limited).
We are dedicated to making our services better, but we are not perfect and sometimes things can go wrong. You understand that our services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade. We do not guarantee that: (i) the services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the services will be free of viruses or other harmful materials; or (iv) the results of using the services will meet your expectations. You use the services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.
Remarks in the form of “Interview, editor’s notes”, or quotes etc., expressed are the personal opinions of STORE or the featured guests. Any content posted on any of our social media platforms means you also grant STORE rights to use any content you provide for its own purposes including republication in any form or media. We reserve the right at its sole discretion not to publish or to remove any comment including those that it believes may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people's privacy, which may cause harm to minors, is detrimental to the trademarks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses. The personal opinions of the designers and labels whose products available on the site or any third parties with whom we are associated are their own and do not necessarily reflect the views of STORE and we accept no responsibility for any such views expressed in any media.
STORE and FASHION'ed STORE (i.e. Kickstarter Fashion Consultancy Limited) do not guarantee that the use of the Site and Services will be error-free or that the Site or the servers that make it available are free of viruses or other harmful components. It is recommended that all users of the Site to ensure they have up-to-date software, including anti-virus, installed with regular and scheduled updates.
You agree that we may, at its own discretion, terminate, limit access to, or suspend your STORE account (or any portion thereof), or the usage of these services, or remove or delete any “member content” within these services for any reason. Reasons for termination, access limitation, or suspension include, but are not limited to, (a) extended periods of inactivity, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to our services (or any part thereof), (d) unexpected technical or security issues or problems, (e) engagement by you in fraudulent or illegal activities, and/or (f) breaches or violations of the Terms or other incorporated agreements or guidelines. In addition, you agree that we may, according to its discretion, with or without notice, at any time terminate or limit your usage of these services or any portion thereof. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination of your account or access to these services.
The failure of STOREor FASHION'ed STORE (i.e. Kickstarter Fashion Consultancy Limited) to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any of these provision is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. The section titles in the Terms are for convenience only and have no legal or contractual effect.
We have our complaints handling procedure that we will use to try to resolve any disputes when they first arise. Please email us at firstname.lastname@example.org.
GOVERNING LAW AND JURISDICTION
The TOS, together with all our policies and procedures, the sale and purchase trade between you and the Designer and the payment handled by FASHION'ed STORE (i.e. Kickstarter Fashion Consultancy Limited) are governed by and construed in accordance with Hong Kong SAR law. The relevant courts of Hong Kong SAR will have exclusive jurisdiction in the event of any associated dispute or claim.