Terms of use

Welcome to FashionGo. We are glad you are here, and would like to inform you of our terms of use below. Access to and use of this website is subject to the terms and conditions (the "Terms of Use") and apply to the FashionGo websites, including those sites located at http://www.FashionGo.net, http://www.FashionGo.com, and https://vendoradmin.fashiongo.net and also applies to your use of FashionGo’s mobile applications (collectively the "Site"). The Site is the property of NHN GLOBAL, INC. dba FashionGo located at 726 E. 12th Street, #306, Los Angeles, CA 90021 ("FashionGo," "our," or we") and its licensors. By using the Site, you accept and are bound by these Terms of Use. If you are an employee or agent of an entity, you represent and warrant that you have the authority to bind such entity, and your acceptance of these terms of use shall be so binding upon such entity. If you do not agree, do not use this Site.

What are the basics to using the Site?

By using our Site, you agree to abide by all applicable local, state, federal, and international laws, rules, treaties, conventions and regulations including but not limited to those governing intellectual property and privacy rights. As used in this section, all applicable privacy laws shall include the EU General Data Protection Regulation ("GDPR"), the law of any member state of the European Union, the UK Data Protection Legislation and any other applicable law. Copying, reproducing, advertising, uploading, selling, and otherwise using a product, item, description, design or image on the Site in violation or infringement of another party's legally protected trademark, copyright, likeness, publicity, privacy, patent, trade secret, or any other protected interest is strictly prohibited.

You may not post, link or upload (i) viruses or any material that is harmful to our Site or our user's computers; (ii) use any robot, spider, scraper or other automated means to access the Site for any purpose; (iii) post, link or upload objectionable content, in our sole discretion, to our community as a whole, including content that is obscene, indecent, defamatory, hateful or intolerant in nature; (iv) publish content that constitutes "junk mail", "spam", "phishing", unsolicited or bulk electronic communications, chain letters, or pyramid schemes; (v) export or re-export any FashionGo.net application or tool; (vi) reproduce, perform, display, distribute, reverse engineer, or prepare derivative works of the Site or any Site content (including works covered by any copyrights, trademark, patent, or other intellectual property rights) that belongs to or is licensed to FashionGo, or belongs to another FashionGo user or to a third-party, except with prior express written permission of FashionGo and/or any other party holding the right to license such use; (vii) commercialize any FashionGo.net application or any information or software associated with such application; (viii) harvest or otherwise collect information about users without their consent; or (ix) circumvent any technical measures FashionGo uses to provide the services.

Vendors and Buyers are responsible for obtaining and/or furnishing resale certificate(s) or as otherwise required by the applicable jurisdiction(s) requirements and are responsible for complying with the laws and requirements of all applicable jurisdictions, including but not limited to those matters relating to resale certificates, seller’s permits, and tax requirements.

We may report any activity that may violate the law to officials, regulators or other third parties, and we may do so without prior notice to you.

You agree to provide true, accurate, current, and complete information about you as prompted during the registration process for any FashionGo services, and to maintain and update this information to keep it accurate.

How about links to other websites?

The Site may contain links to third-party websites. FashionGo is not responsible for and does not endorse the content of such third-party websites, or any information, products or materials found there, or any results that may be obtained from using them. You will need to make your own independent judgement regarding your interaction with any third-party websites. Your access of any third-party websites linked to our Site is entirely at your own risk. FashionGo has no responsibility for any damages or injuries arising from your visits to third-party websites.

What do I need to know about accounts and passwords?

You are responsible for maintaining the confidentiality of any account numbers and passwords assigned to you or selected by you, and you shall be fully responsible for all activities that occur through any use of your password or accounts. You agree not to share your account credentials to others and to notify FashionGo immediately if you become aware of any unauthorized use of your password or account or any other breach of security related to our services. You may be held liable for losses incurred by FashionGo or any other user of or visitor to the Site due to someone else using your password or accounts as a result of your failing to keep your account information secure and confidential. You must be of adult age to use or become a member of this site. No user, subscriber or member may be under the age of 18 years of age. You agree not to gain or attempt to gain unauthorized access to any portion or feature of the Site, or any other system or network connected to the Site or to any of our systems or networks, by hacking, “password-mining” or using any other illegitimate method of accessing data.

What about my Privacy?

FashionGo's Privacy Policy applies to the use of this Site, and its terms are made a part of these Terms of Use by this reference. Click here to view FashionGo's Privacy Policy. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Will the Terms of Use change?

These Terms of Use may be changed by FashionGo any time, it is your responsibility to check these Terms of Use periodically for changes before accessing, using, selling or purchasing any products or services through our Site. The latest version of these Terms of Use will be posted on the Site and it is our sole discretion to change without prior notice. Your continued use of the Site after a posted change in these Terms of Use will constitute your acceptance of and agreement to such changes.

What may happen if a product or service on the Site is listed incorrectly?

In the event a product or service is listed at an incorrect price or with incorrect information, FashionGo reserves the right, at its sole discretion, and without liability to you, to refuse or cancel any orders placed for that product(s) or service(s) whether or not they have been confirmed and whether or not your credit card has been charged or other payment has been accepted.

How about FashionGo’s Checkout Terms of Service?

The below FashionGo Checkout Terms of Service apply when you use the FashionGo Checkout service (powered by Stripe) for purchases of products or services on the Site.

The FashionGo Checkout service is technology that makes it easier for vendors on the Site ("Vendors") to collect payment. FashionGo Checkout service also makes it easy for you to store a credit card or debit card ("Payment Credentials") with FashionGo for use across the websites for vendors who have chosen to enable it. When you check out on FashionGo, we will ask you if you would like us to remember you. When you allow us to remember you, FashionGo (powered by Stripe) will store certain identifying information, such as a password, your email address, or your mobile phone number ("Stripe Credentials"), and your Payment Credentials. The advantage of providing such information is that it will make your checkout quicker and easier if you come back to the same website, or to any of the other websites that use FashionGo Checkout service. This can be especially handy when you are on a mobile device or do not have your credit card in front of you.

FashionGo Checkout service is a way of storing your Payment Credentials, but it does not change anything about your relationship with the vendors you are paying or your bank or credit card company. You are ultimately responsible for the purchases you make using FashionGo. Also, the vendor is responsible for providing you with the products or services that you purchase using FashionGo Checkout service, not FashionGo. FashionGo will use all reasonable efforts to keep your Payment Credentials secure. When using the FashionGo Checkout service, you are purchasing products or services from vendors, and not FashionGo. Representations made to you regarding product or shipping cost or prices are the representations of Vendors, and not FashionGo. If you want to delete your Payment Credentials, stop storing information using FashionGo Checkout, or otherwise change your settings, you can go to "My Account" and update certain preferences.

You hereby acknowledge and agree that you shall not hold FashionGo liable for any vendor activities on the Site, and that you do and will hold FashionGo harmless for any fees, costs, or expenses charged to or sought from you by a vendor (or any other party), including, but not limited to, shipping costs, as a result of your use of the FashionGo Checkout service ("Costs").

You acknowledge and agree that by using the FashionGo Checkout service, either FashionGo or vendor will thereafter be determining and charging you a not-yet-known or an as-yet-to-be-finalized shipping fee, after checkout, in addition to the price of the order quoted at the time of checkout. You agree that you will hold FashionGo harmless with respect to the final shipping costs, resulting changes to your orders, and any and all associated Costs resulting from such determination.

You shall have no more than seven (7) days from your receipt of any order shipped or caused to be shipped by vendors to you to reject such order based upon shipping costs or order variance, provided, however, all purchased items in any given order must be returned, with boxes unopened and with products in their original packaging, within seven (7) days from your receipt of the order. Furthermore, you shall be solely responsible for all return shipping costs.

Your purchase order amount may differ from the final invoice amount due to variances in the inventory conditions of ordered items and different shipping methods used by vendors. If all items are in-stock, vendors will add shipping charges to your ordered amount to calculate the final invoice amount and process the order without sending a separate notification. If some items in your order are out-of-stock, your purchase order will be split into multiple orders and processed separately. If some items in your order previously marked as "in-stock" are unable to be fulfilled by the vendor, the status of those items may be changed to "backorders." You will then be notified via message and email of such change in status. If you do not confirm the updated status within three (3) days, the order may be cancelled. If you have chosen to use FashionGo's consolidated merged shipping service, FashionGo will charge the shipping fee and process your order without additional notification, provided however that the total costs of shipping will not exceed fifty percent (50%) of the total amount of the order, exclusive of shipping.

How does consolidated shipping work?

You can find additional information about our consolidated shipping services here. In general, please allow 2-3 business days for Vendors to drop off items to FashionGo. If we anticipate a longer lead time, we will contact you via telephone or email. If you have any questions about your order, please contact us at consolidation@fashiongo.com or 213-745-2667. You should receive an email confirming your order shortly after order placement. If you do not see the email, please check your spam folder. The registered email will be used to send the tracking information. Currently consolidated shipping only ships within US, Canada, and Puerto Rico. We are in the works to expand to other countries to provide more affordable shipping cost options. Please note that daily weighted shipping rates may vary and shipping costs generally depends on the destination, weight and size of the shipment.

What governs returns and refunds?

When making purchases on the Site and using the FashionGo Checkout service, you are purchasing products from vendors, and not FashionGo. Representations made to you regarding return/refund policy are the representations of vendors, and not FashionGo. Your purchases are subject to the applicable vendor's return/refund policy as may be found on the vendor's page.

What are the conditions to redeem FG Coupons?

FG Coupon (“Offer”) must be redeemed at the time of checkout. Offer is available for a limited time, while supplies last and cannot be used once expired. Offer may not be combined with other offer(s) and Offer is valid for one-time use only. Offer applies to only qualifying items and/or service. Offer is non-transferable, non-assignable, and may not be sold. Offer is not redeemable for cash, nor is it valid toward previous purchases. Offer value cannot exceed the value of the item/service it is applied to. Offer may be forfeited if the order subsequently becomes modified. If any of the items related to Offer is returned, the refund amount will equal the amount paid for the item, subject to applicable return and/or exchange policy and Offer will not be returned. FashionGo reserves the right to modify or cancel the offer at any time. Other restrictions may apply.

Vendor Rewards Program.

Participating FashionGo Vendors offer a rewards program (the “Rewards”) at FashionGo, allowing FashionGo buyers to earn and redeem rewards points (“Points”) in accordance with each participating Vendor’s Rewards policy. A list of participating vendors can be found here and the Rewards Policy can be found here.

Unexpired earned Points can only be redeemed with the same Vendor which the Points were earned from. Points are non-transferable and not for resale. Points cannot be redeemed for cash and do not have any cash value. If a participating Vendor closes a FashionGo account, then any Points remaining in Buyer’s Rewards Account from the said Vendor will be forfeited. Buyer will forfeit all unused Points upon close of Buyer’s FashionGo account or if FashionGo or participating Vendor(s) terminate Buyer’s participation in the Rewards. All earned Points are subject to expiration.

Rewards policy is subject to change. FashionGo reserves the right to terminate, change, limit, modify the Rewards and its terms and conditions at any time at its sole discretion, with or without notice. Buyer’s continued participation in the Rewards will constitute Buyer’s acceptance of all applicable and most recent, including but not limited to FashionGo and participating Vendors’, terms and conditions governing the Rewards. FashionGo reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend the Rewards should cheating, fraud or other causes beyond its control by Vendors, Buyers, or third-parties affect the fair and proper administration of the Rewards.

Intellectual Property, Copyright, Trademark and Disclaimer Notices.

The content of our Site including, but not limited to, text, design, graphics, logos, files, images, photos, video, software, code, and other proprietary content are all property of FashionGo and its business partners and others that have granted FashionGo the right and license to use it, and is protected by all applicable law concerning copyright, trademark, and other proprietary rights. All trademarks and trade names used on our Site are proprietary to FashionGo, its business partners, or others. The "FashionGo.net®" and "FashionGo.com®" marks are registered trademarks of NHN GLOBAL, INC.

Site content may not be used except as provided in these Terms of Use, and no portion of the content may be reprinted, republished, or distributed in any form without the express written consent of FashionGo and/or its partners. You may not copy, reproduce, reverse engineer, decompile, transmit, distribute, license or create derivative works of the content of the Site or any portion thereof. You may not modify or alter the content in any way, or delete or change any copyright or trademark notice.

How do I report copyright infringement claims?

FashionGo respects the intellectual property of others and has taken steps to be compliant with the "safe harbor" provisions of the Digital Millennium Copyright Act ("DMCA"). A Designated Agent (as shown below) has been registered with the U.S. Copyright Office to receive notifications of allegations of infringement. You acknowledge that submitting a claim of copyright infringement may have serious legal consequences and submitting intentionally misleading reports of infringement may be punishable under the DMCA.

As required under Title 17, Section 512 (c)(3)(A) of the DMCA, a claim of copyright infringement must be in writing, and contain all of the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that is allegedly infringed;
2. Identification and description of the copyrighted work(s) claimed to have been infringed upon;
3. Identification and description of the content on our Site that is claimed to be infringing;
4. Information sufficient to permit us to locate the content on our Site, such as providing web addresses (URLs) leading directly to the allegedly infringing content;
5. Information reasonably sufficient to enable us to contact you, the complaining party (address, telephone number, and e-mail address);
6. A statement that you have a good faith belief that use of the infringing content is not authorized by the copyright owner, its agent, or the law;
7. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Claims of copyright infringement, including all the above information must be submitted to: copyright@FashionGo.net. FashionGo is not required to respond to notices that do not meet the above requirements of Title 17, Section 512 (c)(3)(A) of the DMCA.

Upon our receipt of a valid claim, in which all required information is provided, FashionGo will undertake to have the disputed content removed from public view. We will also notify the subscriber who posted the allegedly infringing content of the removal, and may take any other measures required or allowed by applicable law.

How do I report other Intellectual Property infringement claims?

If you feel that you have a claim for an intellectual property rights infringement other than for copyright, you can send an email to copyright@FashionGo.net. When submitting your claim, please provide the following:

1. Identification and description of your right(s) claimed to have been infringed upon;
2. Identification and description of the content on our Site that is claimed to be infringing;
3. The nature of the infringement e.g., trademark, patent or other;
4. Information sufficient to permit us to locate the content on our Site, such as providing web addresses (URLs) leading directly to the allegedly infringing content;
5. Any other additional information you may deem relevant for us to best investigate your claim;
6. Your name and title, company name, email address, mailing address, and telephone number;
7. A signed declaration under penalty of perjury by you, that the content you are claiming to infringe on your intellectual property rights, is based on a good faith belief and that all other information you are providing in your claim is correct and accurate.

Upon receipt of your notice of claim of infringement, we will provide you with a confirmation, a request for additional information or reports, if necessary, and promptly investigate your claim of infringement to promptly take the disputed content removed from public view.

What are important disclaimers and limitation of liability I need to know?

Our Site and services are provided on an "as is" and "as available" basis. You understand that FashionGo does not guarantee that anything on our Site will be free of infection or viruses that might damage or interfere with your computer, data or personal information. By agreeing to use the Site, you are assuming total responsibility and risk.

FashionGo does not make any express or implied warranties, representations or endorsements whatsoever (including but not limited to, warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to our Site, its contents, or any services provided through our Site.

Except where prohibited by law, in no event will NHN Global, Inc., FashionGo.net, FashionGo.com, FashionGo and FashionGo's officers, directors, shareholders, successors, and permitted assigns be liable to you for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost profits even if we have been notified of the possibility of such damages. FashionGo assumes no risk or responsibility for your use of, or inability to use, the Site and any content contained therein. If you are dissatisfied with the Site or any content on our Site, or with these Terms of Use, your only remedy is to cease using the Site. This disclaimer of liability also applies to any damages or injury caused by FashionGo's failure of performance, error, omission, interruption, deletion, defect, delay in operations or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence or any other cause of action.

If, notwithstanding the other provisions of these Terms of Use, FashionGo is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any content on the Site, FashionGo's liability shall in no event exceed the greater of (1) the total of any fees for any service or product paid or collected in the six months prior to the date of the initial claim made against FashionGo or (2) US $100.00.

Indemnification.

You shall defend, indemnify and hold harmless, NHN Global Inc., FashionGo.net, FashionGo.com, FashionGo and FashionGo's officers, directors, shareholders, successors, and permitted assigns ("Indemnified Parties") from and against all demands, loss, liability, claims, costs, suits, and damages, including attorneys' fees made against the Indemnified Parties by any third-party due to or arising out of or in connection with (i) your breach of these Terms of Use or the Agreements (as defined below); (ii) your use of the Site and any of the services provided by FashionGo, or your activities on or through FashionGo.net or FashionGo.com vendor account(s); (iii) any innocent, negligent, willful, dishonest, fraudulent or reckless acts or omissions of yours; (iv) any of your infringement or violation of third-party intellectual property or proprietary rights, including but not limited to, any products you sell or any content you provide or upload to our Site; (v) any breach of privacy by you or your customers or users; (vi) your violation of any local, state, or federal laws, including but not limited to complying with appropriate resale certificate requirements of your jurisdiction(s); or (vii) the misuse of your password or account numbers. You agree that the remedies set forth in this subsection are in addition to any rights and remedies FashionGo may have, all of which rights and remedies are expressly reserved.

Governing Law.

Except as otherwise provided herein, you agree that all matters relating to your access to or use of the Site, the FashionGo services, and the Agreements, including all disputes, will be governed by and construed in accordance with the laws of the United States and the State of California without regard to its conflict of law provisions. You and FashionGo shall endeavor to resolve through good faith negotiations any dispute arising under or relating to these Terms of Use before proceeding to binding arbitration. If a dispute cannot be resolved through such negotiations within a reasonable time, either party may request for claims to be resolved by binding arbitration to be conducted in Los Angeles, California by the American Arbitration Association ("AAA"), under applicable AAA rules then-in-effect. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, except as provided in this section. To begin an arbitration proceeding, either party must send the other party written notice requesting arbitration and describing such party's claims.

Any and all proceedings to resolve claims will be conducted only on an individual basis and not in a class, consolidated or representative action. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use. An arbitration decision may be confirmed by any court with competent jurisdiction.

Other Terms and Conditions.

Other terms, along with these Terms of Use on the Site, including but not limited to the Privacy Policy, Buyer Services Agreement (if applicable), Rewards Policies (the “Agreements”) also govern your use of the Site and your relationship with FashionGo, and they are herein incorporated by this reference, as applicable.

Notice.

Except as set forth in the Intellectual Property section above, any notice hereunder must be in writing to the address set forth above and will be deemed given: (i) upon receipt if by personal delivery; (ii) upon receipt if sent by certified or registered U.S. Mail (return receipt requested); or (iii) one (1) day after it is sent if by next day delivery by a major commercial delivery service, with a copy via electronic mail.

Social Network: Facebook, Twitter, and YouTube.

The FashionGo.net® Facebook, Twitter and YouTube pages are run and maintained by individuals from FashionGo.net®. The views, opinions, depicted results and experiences expressed in user-submitted comments are solely those of the author and do not necessarily reflect those of FashionGo.net®.

Electronic Signature.

The parties acknowledge and agree that the use of any electronic signature on this Site or on any Agreements, shall be considered as an original for all purposes and shall have the same force and effect as an original signature. Without limitation, “electronic signature” shall include faxed versions of an original signature or electronically scanned and transmitted versions (e.g., pdf, etc.) of an original signature.