Terms & Conditions
Terms & Conditions
BY ACCESSING AND USING THIS WEBSITE YOU AGREE AND CONSENT TO THE TERMS AND CONDITIONS OF THIS SITE, AS WELL AS ANY AND ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF CALIFORNIA
All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms and Conditions. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or 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. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited.
Third Party Sites: References on this Site to any names, marks, products or services of third parties, or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Fashionhorse's endorsement, sponsorship or recommendation of the third party, its information, products or services. Fashionhorse is not responsible for the practices or policies of such third parties, nor the content of any third party sites, and does not make any representations regarding third party products or services, or the content or accuracy of any material on such third party sites. If you decide to link to any such third party sites, you do so entirely at your own risk.
Attempting to violate the security of the Site is prohibited, including, without limitation, (a) accessing data not intended for your use or logging onto a server or an account which you are not authorized to access; (b) attempting to scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; (e) attempting to obtain products not properly ordered or fully paid for; (f) harassing the site owner or its users; or (g) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Fashionhors on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Firefox or Microsoft Explorer).
Please note that sometimes there may be certain orders we are unable to accept. We hereby reserve the right, in our sole discretion, to refuse or cancel any order for any reason whatsoever. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Certain instances may result in your order being canceled because of limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. From time to time, we may require additional information and identification before accepting an order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
PRICING AND CONTENT INFORMATION
We strive to provide our customers with accurate pricing information, nevertheless, sometimes pricing or typographical errors may occur. Fashionhors cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price due to an error in pricing, we reserve the right, at our sole discretion, to refuse or cancel any orders placed for that item.
Prices subject to change without notice.
We strive to accurately display the colors of our products. However, as the actual colors you may see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate. Fashionhorse attempts to describe it's products as accurately as possible. However, Fashionhorse does not warrant that product descriptions or other Content on this Site is accurate. Some content may be inaccurate or incomplete. If you happen to find a product is not as described, your sole remedy is to return the product in unused condition.
Orders that are shipped to countries outside of the United States may be subject to import taxes, customs duties and fees levied by the destination country. We always mark orders as "Gift" to help you avoid customs charges
Any and all Content of our Fashionhorse site, including for example all of the page headers, images, illustrations, graphics are property of Fashionhorse.com. These materials may not be copied for commercial use or distribution, nor may these materials be modified or reposted to other sites.
The Content of this website, and the site as a whole, is intended solely for personal, noncommercial use by the users of our site. You may download, print and store selected portions of the Content, provided you only use these copies of the Content for your own personal, non–commercial use.
Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from TABcom.
You hereby agree to indemnify, defend and hold harmless TABcom and/or its affiliates from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees and court costs, arising from or related to your use of the Site or any breach by you of these Terms and Conditions.
UNDER NO CIRCUMSTANES, OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL FASHIONHORSE OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES, WHETHER SPECIAL, INCIDENTAL OR CONSEQUENTIOL OR OTHERWIWSE ARISING OUT OF OR IN CONNECTION WITH THE USE OF, INABILITY TO USE, OR MALFUNCTION OF THIS WEBSITE. YOU, THE USER, WILL BE SOLEY RESPONSIBLE FOR ANY DAMAGE, OR LOSS OF DATA TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY THAT RESULTS FROM THE USE OF THIS SITE, INCLUDING THE DOWNLOADING OF ANY MATERIAL. FASHIONHORSE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE PURCHASE OR USE OF PRODUCTS OFFERED FOR SALE ON THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. SOME STATES MAY LIMIT THE ABILITY OF VENDORS TO DISCLAIM IMPLIED WARRANTIES; THEREFORE THE LANGUAGE OF THIS PARAGRAPH MAY NOT APPLY TO YOU.
THIS COMPREHENSIVE LIMITATION OF LIABILITY APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF TABcom HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF TABcom UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
