TERMS & CONDITIONS
1. USE OF THE WEBSITE
The website www.fashionmaniastore.com is owned and operated by Fashion Mania a proprietor company incorporated with registered office 5/502, Eastend Apartment, Indirapuram, Ghaziabad 201014 India.
You may be accessing our Site from a computer and these Terms of Use govern your use of our Site and your conduct, regardless of the means of access. The Website is only to be used for your personal use and information. Your use of the services and features of the Website shall be governed by these Terms and Conditions (hereinafter ” Terms of Use “) along with the Privacy Policy, Shipping Policy and Cancellation, Refund and Return Policy (together ” Policies “) as modified and amended from time to time.
By mere accessing or using the Website, you are acknowledging, without limitation or qualification, to be bound by these Terms of Use and the Polices, whether you have read the same or not. ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR UNCONDITIONAL AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING. If you do not agree to any of the terms enumerated in the Terms of Use or the Policies, please do not use the Website. You are responsible to ensure that your access to this Website and material available on or through it are legal in each jurisdiction, in or through which you access or view the Website or such material.
FASHION MANIA reserves the right to change the particulars contained in the Terms of Use or the Policies from time to time and at any time, without notice and in its sole discretion. Any change or modification to the Terms of Use and the Policies will be effective immediately from the date of such upload of the Terms of Use and Policies on the Site.
2. PRIVACY PRACTICES
We understand the importance of safeguarding your personal information and we have formulated a Privacy Policy, to ensure that your personal information is sufficiently protected. Apart from these Terms of Use, the Privacy Policy shall also govern your visit and use of the Site. Your continued use of the Site implies that you have read and accepted the Privacy Policy and agree to be bound by its terms and conditions. You consent to the use of personal information by FASHION MANIA in accordance with the terms of and purposes set forth in the Privacy Policy, the same may be subject to amendment from time to time at the sole discretion of FASHION MANIA.
3. ACCOUNT INFORMATION
You will be responsible for maintaining confidentiality of your account, password, and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your account and password. You acknowledge that the information you provide, in any manner whatsoever, are not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature
We reserve the right to terminate accounts without prior notice if these Terms of Use are violated or if we decide, in our sole discretion, that it would be in Fashion Mania’s and FASHION MANIA’s best interests to do so. The information provided to us shall be maintained by us in accordance with our Privacy Policy.
4. PRODUCT INFORMATION
FASHION MANIA attempts to be as accurate as possible in the description of the product on the Website. However, FASHION MANIA does not warrant that the product description, colour, information or other content of the Website is accurate, complete, reliable, current or error-free. The Site may contain typographical errors or inaccuracies and may not be complete or current. The product pictures are indicative and may not match the actual product.
FASHION MANIA reserves the right to correct, change or update information, errors, inaccuracies or omissions at any time (including after an order has been submitted ) without prior notice.
5. RECOMMENDATION OF THE PRODUCT
Any recommendation made to you in the Site during the course of your use of the Site is purely for informational purposes and for your convenience and does not amount to endorsement of the product or services by FASHION MANIA or any of its associates in any manner.
6. PRICING INFORMATION
FASHION MANIA strives to provide accurate product and pricing information, however errors may occur.
FASHION MANIA cannot confirm the price of the product until you make the order. In the event that an item is wrongly priced, FASHION MANIA may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been delivered, your offer will not be deemed accepted and FASHION MANIA will have the right to modify the price of the product/ service and contact you for further instructions using the e-mail address provided by you during the time of registration or placing of order, or cancel the order and notify you of such cancellation. In the event that FASHION MANIA accepts your order the same shall be debited to your credit card/ debit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to FASHION MANIA’s dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed to your credit / debit card account.
PRICES AND AVAILABILITY OF THE PRODUCTS ON THE SITE ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE AND AT THE SOLE DISCRETION OF FASHION MANIA. FASHION MANIA may revise and cease to make available any product/ services at anytime. In the event, FASHION MANIA is unable to deliver the product to you on time or at all, you will be notified by an e-mail and your order will be automatically cancelled due to unavailability of the product or at your instructions due to failure to deliver the product on the expected time of delivery by our delivery partners. FASHION MANIA shall not be liable to pay for any damages in such an event owing to cancellation of the order or delay in delivery.
7. CANCELLATIONS, REFUNDS AND RETURNS
Please refer to our Cancellation, Refunds and Returns Policy provided on our Site.
8. MODE OF PAYMENT
Payments for the products available on the Site made in the following ways:
- Payments can be made by Credit Cards, Debit Cards, Net Banking, Wallets.
- Credit card, Debit Card and Net Banking payment options are instant payment options.
- Cash On Delivery option is only available for orders inside India.
9. SHIPPING AND DELIVERY
Please refer to our Shipping and Delivery Policy provided on our Site, as amended from time to time.
10. USER CONTENT
The information, photo, image, communication, text, data, transmitted, uploaded, posted, emailed or otherwise made available to us (” User Content “), are entirely your responsibility and we will not be held responsible, in any manner whatsoever, in connection to the User Content. You agree to not encourage or assist or engage others as well as yourself in transmitting, hosting, displaying, uploading, modifying, publishing transmitting, updating or sharing any information.
FASHION MANIA shall in no way be held responsible for examining or evaluating User Content, nor does it assume any responsibility or liability for the User Content. FASHION MANIA does not endorse or control the User Content transmitted or posted on the Site by you and therefore, accuracy, integrity or quality of User Content is not guaranteed by FASHION MANIA.
11. INTELLECTUAL PROPERTY RIGHTS
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, video clips and written and other materials that are part of this Site (collectively, the “Contents ” ) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only.
12. REPRESENTATIONS AND WARRANTIES
This Site is provided to you “AS IS”. We make no representations regarding the use of or the result of the use/depiction of the Contents on the Site in terms of their correctness, accuracy, reliability, or otherwise. FASHION MANIA shall not be liable for any loss suffered in any manner by the user as a result of depending directly or indirectly on the depiction of the Content on this Site.
You acknowledge that this Site is provided only on the basis set out in the Terms of Use. Your uninterrupted access or use of this Site on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability or interruption of the internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Site.
FASHION MANIA shall have the right, at any time, to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. FASHION MANIA does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Site.
While FASHION MANIA takes reasonable care to ensure that the Information is accurate, FASHION MANIA makes no representation and takes no responsibility for the accuracy, completeness, appropriateness or usefulness of the Information. In the event any user relies on the Information provided by FASHION MANIA or its representatives/ employees, he/she may do so at its own risk. Under no circumstances will FASHION MANIA, its employees, representative or affiliates be liable for the Information or the consequences of relying on such Information.
For any general information posted on the Site, users must not infer or assume that such information necessarily applies to them.
13. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
THE SITE IS PRESENTED “AS IS.” NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE OR ANY OF THE CONTENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR (g) EVENTS BEYOND THE REASONABLE CONTROL OF FASHION MANIA. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED.
YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
This disclaimer constitutes an essential part of this Terms of Use.
14. TERMINATION
These Terms of Use are effective unless and until terminated by either you or FASHION MANIA.
You may terminate the Terms of Use at any time, provided that you discontinue any further use of this Site. FASHION MANIA may terminate the Terms of Use at any time and may do so without notice, and accordingly deny you access to the Site, such termination will be without any liability to the Site.
15. JURISDICTION
The Terms of Use and the Policies shall be construed in accordance with the applicable laws of India. For proceedings arising therein the Courts at Ghaziabad shall have exclusive jurisdiction.
Any dispute or difference either in interpretation or otherwise, of the Terms of Use and other Policies on the Site, between the parties, shall be referred to an independent arbitrator who will be appointed by mutually and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time.
16. SITE SECURITY
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation,
FASHION MANIA is entitled to investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.
17. GENERAL
You acknowledge and hereby agree to these Terms and Conditions and that it constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change/ alter/ modify these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, affiliation, joint venture or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.
If you have any questions regarding these Terms and Conditions, please email us at fashionmania502@gmail.com
18. CONTACT INFORMATION
Customer Service Desk
E-mail id: fashionmania502@gmail.com
Phone: +91-9873405781
Contact Days: Monday to Sunday (8:00 a.m. to 8:00 p.m.)