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FashionGo only provides this service to customers in the
United States and Canada. We currently do not provide this
service to customers in US territories such as Puerto Rico, Guam,
Northern Mariana Islands, Virgin Islands, and American Samoa.
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.