Terms of Service

1. About These Terms

These Terms of Service (“Terms”) govern your use of fashioncitystore.com (“Site”)—including pre-launch browsing, subscribing to launch notifications (once available), post-launch account access, product purchases, and UGC submission. By accessing the Site, creating an account, placing an order, or engaging with any of our services, you (“you”, “User”, “Customer”) agree to be bound by these Terms. If you do not agree to all of these Terms, you may not use the Site or our services.

These Terms apply to all users, including:

  • Browsers: Users who visit the pre-launch page or post-launch site without creating an account.
  • Subscribers: Users who sign up for launch notifications.
  • Customers: Users who make purchases (as a guest or logged into an account post-launch).
  • Business Users: Users who access the Site on behalf of a business (e.g., purchasing bulk items for a retail store). If you are using the Site for a business, you represent that you have the authority to bind the business to these Terms, and “you” will refer to the business.

These Terms incorporate our Privacy Policy, Shipping Policy, and Return Policy—if there is a conflict between these Terms and a referenced policy, the referenced policy will control for that specific matter (e.g., the Return Policy governs return procedures for post-launch purchases).

2. Eligibility to Use the Site

To use the Site (pre-launch or post-launch), you must meet the following requirements:

  • Age: Be at least the age of majority in your state, province, or country of residence (typically 18 years old in the U.S./Canada, 16 in the EU). If you are under the age of majority:
    • You may use the Site only with the supervision and written consent of a parent or legal guardian.
    • The parent or legal guardian will be fully responsible for your compliance with these Terms (e.g., paying for orders placed using their payment method, resolving disputes arising from your use of the Site).
  • Legal Capacity: Have the legal capacity to enter into a binding contract. This means you cannot be:
    • Under guardianship (e.g., a court has appointed a guardian to manage your affairs).
    • Mentally incapacitated (as defined by applicable law—e.g., unable to understand the nature of your actions when placing an order).
  • Accurate Information: Provide true, accurate, current, and complete information when:
    • Subscribing to launch notifications (e.g., valid email address).
    • Creating a post-launch account (e.g., full name, correct email/phone).
    • Placing post-launch orders (e.g., accurate billing/shipping address, valid payment details).

We reserve the right to verify your eligibility (e.g., requesting a copy of your driver’s license to confirm age, asking for proof of parental consent if you are a minor) and suspend or terminate your access to the Site if you:

  • Fail to meet these requirements.
  • Provide false or misleading information (e.g., using a fake email to subscribe to launch notifications, providing a fake billing address for a post-launch order).

3. Pre-Launch Site Use Rules

  • Sign-Up Restrictions: Once launch notifications are available, you may submit only one sign-up per email address. Creating multiple sign-ups (e.g., using different email aliases) to access duplicate pre-launch offers violates these Terms and may result in all sign-ups being voided.
  • Content Ownership: All pre-launch content (e.g., brand logos, “Coming Soon” graphics, product teasers) is our intellectual property. You may not copy, distribute, modify, or use this content for commercial purposes without our written permission.
  • Prohibited Pre-Launch Activity: You may not:
    • Use automated tools (bots, scrapers) to collect pre-launch data (e.g., scraping the pre-launch page’s code or email sign-up form).
    • Attempt to bypass pre-launch access restrictions (e.g., hacking into backend systems to view unpublished product details or launch dates).
    • Share misleading information about the Site (e.g., posting fake launch dates on social media, claiming to be an official representative of fashioncitystore.com).
    • Harass or spam our team (e.g., sending repeated emails asking for early access to the Site).

4. Post-Launch Account Rules

  • Account Security: You are responsible for:
    • Choosing a strong password (at least 8 characters, including letters, numbers, and symbols).
    • Keeping your password confidential (do not share it with others).
    • Notifying us immediately at support@fashioncitystore.com if you suspect unauthorized account use (e.g., unknown orders, changes to your saved addresses).We are not liable for losses or damages resulting from your failure to secure your account (e.g., a friend using your password to place an order).
  • Account Termination: We may terminate your account immediately without notice if:
    • You violate these Terms (e.g., placing fraudulent orders, reselling products without permission).
    • You use the account for unlawful activity (e.g., money laundering via product orders).
    • The account is inactive for 18 months (we will notify you via email 30 days before termination to give you time to reactivate).
  • Account Transfer: You may not transfer your account (e.g., selling your account with purchase history) to another person or entity without our written approval.

5. Post-Launch Product Information & Pricing

  • Product Descriptions: We strive to provide accurate, detailed descriptions of our products (materials, dimensions, care instructions, availability). However, minor variations may occur:
    • Artisanal Products: Handmade items (e.g., hand-woven baskets, hand-painted mugs) may have unique differences (e.g., slight color variations, minor size differences) that do not affect quality—these are not considered defects.
    • Display Differences: Product colors may vary due to device monitor settings (e.g., a “forest green” pillow may appear darker on a mobile phone than a desktop).
    • Typographical Errors: While we proofread product information carefully, occasional typos (e.g., a missing zero in pricing) may occur—we reserve the right to correct these errors and cancel orders placed at incorrect prices (we will notify you of the error and offer to reprocess the order at the correct price).
  • Pricing Rules:
    • Currency: Prices are displayed in USD by default. For international users, other currencies (e.g., CAD, EUR, AUD) are converted using real-time exchange rates—your payment provider may charge a conversion fee (we are not responsible for these fees).
    • Promotions: Discount codes, sales, and exclusive offers (e.g., “Launch Sale: 25% Off”) are valid only for the period specified in the promotion terms (e.g., “Valid 10/15/25–10/22/25”) and may have restrictions (e.g., “Minimum $50 order”, “Excludes custom items”). We reserve the right to cancel promotions if we suspect abuse (e.g., sharing discount codes publicly to non-eligible users).
    • Price Changes: We may adjust prices at any time without notice (e.g., due to rising material costs, seasonal sales). Price changes do not affect orders that have already been confirmed (i.e., orders for which you have received an “Order Confirmation” email).
  • Inventory Availability:
    • In Stock: Products marked “In Stock” ship within 2–5 business days (see Shipping Policy).
    • Out of Stock: Products marked “Out of Stock” are unavailable for immediate purchase—you may sign up for “Back in Stock” notifications (if available) to be alerted when the product is restocked.
    • Pre-Order: Pre-order products are available for advance purchase—expected shipping dates are listed on the product page. We will notify you via email if the shipping date is delayed (e.g., due to supply chain issues).

6. Post-Launch Order Placement & Fulfillment

  • Order Process: Placing an order on the Site is an offer to purchase our products. We reserve the right to accept or reject your offer for any reason, including but not limited to:
    • Product unavailability (e.g., the last unit was sold to another customer).
    • Suspected fraud (e.g., mismatched billing/shipping addresses, a credit card flagged for fraud by our payment provider).
    • Incomplete or inaccurate order information (e.g., missing apartment number, invalid email address).
    • Violation of these Terms (e.g., you have a history of placing fraudulent orders).If we reject your offer, we will notify you via email within 24 hours of order placement and refund any payment you made (if applicable) within 3 business days.
  • Order Confirmation: Your order is only confirmed when you receive an email titled “Order Confirmation” from us (sent to your registered email address). This email includes:
    • Your unique order number (e.g., DAN-12345—use this number when contacting support about your order).
    • Product details: Name, quantity, color, size, price, and any customizations.
    • Shipping information: Delivery address, estimated delivery date, and shipping method (e.g., Standard Shipping).
    • Billing information: Billing address and payment method (last 4 digits of the card or PayPal ID).
    • Total amount: Breakdown of product cost, sales tax, shipping fees, and total.If you do not receive a confirmation email within 24 hours of placing your order:
    1. Check your spam/junk folder (confirmation emails are sometimes filtered incorrectly).
    2. Verify that you entered the correct email address at checkout (log into your account to confirm, or contact us if you placed the order as a guest).
    3. Contact support@fashioncitystore.com with your full name, order date, and product details to verify the order status.
  • Order Changes & Cancellations:
    • Before Shipping: You may request to change or cancel your order only if it has not yet been shipped (i.e., you have not received a “Shipment Confirmation” email with a tracking number). To request a change/cancellation:
      1. Email support@fashioncitystore.com with your order number and the desired change (e.g., “Update my shipping address to 456 Oak St, Apt 7C”, “Cancel order DAN-12345”).
      2. We will review your request and confirm approval via email if possible. We cannot guarantee changes/cancellations for orders already in “Processing” status (e.g., being packed for shipping—typically 1–2 business days after order placement).
    • After Shipping: Once your order has been shipped, we cannot change or cancel it. You must follow our Return Policy to return the product for a refund or exchange (if eligible) after you receive it.

7. Post-Launch User-Generated Content (UGC) Rules

If you submit UGC (e.g., product reviews, photos, videos) on the Site, you agree to the following rules:

  • Ownership & Rights: You represent that you own the UGC (or have permission from the owner) and that submitting the UGC does not violate third-party rights (e.g., copyright, privacy, trademark).
  • Content Guidelines: Your UGC may not:
    • Contain offensive, harmful, or illegal content (e.g., hate speech, violence, harassment, false claims).
    • Infringe third-party intellectual property (e.g., using copyrighted music in a video, copying another user’s review).
    • Include personal data of others (e.g., photos of others without their consent, phone numbers/emails of third parties).
    • Promote competing products or services.
  • License to Use UGC: By submitting UGC, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, display, and distribute the UGC on the Site, in marketing materials (e.g., emails, social media), and other promotional channels. We will attribute the UGC to you (using your account name) unless you request otherwise.
  • Moderation: We reserve the right to review, approve, edit, or remove UGC at any time (without notice) if it violates these guidelines. We are not liable for UGC submitted by users, and do not endorse the opinions expressed in reviews.

8. Prohibited Uses of the Site & Services

You may not use the Site (pre-launch or post-launch) or our services for any unlawful, fraudulent, or abusive purpose. Specifically, you agree not to:

  • Violate Laws or Third-Party Rights:
    • Infringe intellectual property rights (e.g., copying our brand logo, selling counterfeit versions of our products, using copyrighted content in UGC without permission).
    • Violate privacy laws (e.g., sharing another user’s personal data, impersonating another person or entity).
    • Commit fraud (e.g., using stolen payment methods, placing orders with fake addresses, claiming non-receipt of delivered products).
    • Violate import/export laws (e.g., shipping products to countries where they are banned).
  • Misuse the Site:
    • Use automated tools (bots, scrapers) to:
      • Collect data from the Site (e.g., scraping product prices, email addresses of other users).
      • Automate purchases (e.g., using bots to buy limited-edition products instantly, preventing other users from purchasing).
      • Disrupt site functionality (e.g., sending excessive requests to crash the site during a sale).
    • Access restricted areas of the Site (e.g., admin panels, database servers) without authorization.
    • Introduce malware, viruses, or other harmful code to the Site (e.g., uploading a virus to a product review).
  • Abuse Policies or Services:
    • Abuse customer support (e.g., sending threatening emails, making repeated phone calls to yell at agents).
    • Exploit our Return Policy (e.g., returning used/worn products as “unused”, returning products purchased from other retailers as our own).
    • Resell our products for commercial gain (e.g., buying bulk items to sell on eBay/Amazon) without our written permission.

Consequences of Prohibited Use: A breach of any prohibited use will result in immediate termination of your access to the Site and services (e.g., account deactivation, inability to place new orders). You will also be liable for any damages we incur as a result of your violation (e.g., legal fees to defend against a third-party copyright claim, costs to repair a hacked server). We may report serious violations (e.g., fraud, malware distribution) to law enforcement agencies (e.g., FBI, local police) for investigation.

9. Disclaimer of Warranties

THE SITE (PRE-LAUNCH AND POST-LAUNCH), PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Fashion City EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • Implied Warranty of Merchantability: The warranty that products will be fit for their ordinary intended use (e.g., a mug will hold liquid, a tote bag will carry items). We do not warrant that products will be free from minor defects (e.g., a small scratch on a jewelry box) that do not affect functionality.
  • Implied Warranty of Fitness for a Particular Purpose: The warranty that products will meet your specific needs (e.g., a “waterproof” bag will repel rain). This warranty applies only if you explicitly informed us of your specific needs before purchasing (e.g., “I need a waterproof bag for hiking”) and we confirmed in writing that the product would meet those needs.
  • Implied Warranty of Accuracy: The warranty that product descriptions, pricing, or availability information is error-free, complete, or up-to-date. As noted in Section 5, minor inaccuracies (e.g., typographical errors, color variations) may occur, and we are not liable for these unless they are intentional or due to gross negligence.
  • Warranty of Site Availability: The warranty that the Site will be available 24/7. We strive to maintain site uptime but may experience downtime due to maintenance, technical issues, or external factors (e.g., DDoS attacks)—we are not liable for losses resulting from site downtime.

Your use of the Site, products, and services is at your sole risk. We are not liable for dissatisfaction with products (e.g., “the bag is smaller than I expected” if you ignored the size chart) or third-party issues (e.g., shipping delays caused by a carrier).

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY U.S. LAW, Fashion City, ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SUPPLIERS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SITE, PRODUCTS, OR SERVICES.

This includes, but is not limited to:

  • Direct Damages: e.g., the cost of a defective product (we will replace or refund the product, but not additional costs like shipping for returns).
  • Indirect Damages: e.g., “I missed my trip because my luggage tag order was delayed” (we are not liable for inconvenience or missed events).
  • Consequential Damages: e.g., “My laptop was damaged because the bag was not waterproof” (we are not liable for damages caused by improper use of a product).
  • Special Damages: e.g., “I had to buy a replacement bag from another store” (we are not liable for special or unique damages that are not foreseeable).
  • Punitive Damages: e.g., damages intended to punish us for negligence (punitive damages are not available unless we acted with intentional misconduct or gross negligence, such as selling a product we know is hazardous).

10.1 Exceptions

We may be liable if:

  • Intentional Misconduct: e.g., we intentionally sold you a product we knew was defective and dangerous (e.g., a child’s toy with sharp edges).
  • Gross Negligence: e.g., we failed to recall a product with a known safety hazard (e.g., a bag with a faulty strap that breaks easily).
  • Personal Injury or Property Damage: e.g., a defective product causes physical injury (e.g., a broken mug cuts your hand) or damages your property (e.g., a leaking water bottle damages your laptop)—we are liable for actual damages (e.g., medical bills, cost to repair your laptop).

10.2 Cap on Liability

If we are found liable for any damages, our total liability to you shall not exceed the total amount you paid for the product or service that caused the damages (e.g., if you paid $50 for a defective bag, our maximum liability is $50). This cap does not apply to personal injury or property damage caused by our intentional misconduct or gross negligence.

11. Indemnification

You agree to indemnify, defend, and hold harmless fashioncitystore.com, its employees, directors, officers, agents, suppliers, and affiliates from and against any claim, demand, loss, damage, liability, cost, or expense (including reasonable attorneys’ fees, court costs, and settlement amounts) arising from:

  • Your violation of these Terms (e.g., reselling our products without permission, submitting UGC that infringes copyright).
  • Your use of the Site or services (e.g., placing a fraudulent order, harassing another user).
  • Your purchase or use of our products (e.g., misusing a product to cause injury, selling a product that harms a third party).
  • Your breach of any representation or warranty in these Terms (e.g., providing false billing information, claiming you own UGC that you do not).

11.1 Your Obligations

If we are notified of a claim or lawsuit covered by this indemnification clause, you must:

  • Cooperate with us in defending the claim (e.g., providing documents, testifying if necessary).
  • Allow us to control the defense and settlement of the claim (you may not settle the claim without our prior written consent).
  • Reimburse us for any costs or expenses we incur (e.g., attorneys’ fees, court costs) related to the claim.

This indemnification clause survives the termination of these Terms (e.g., if you close your account, you are still liable for claims arising from your past use of the Site).

12. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable by a court of competent jurisdiction (e.g., a judge rules that a clause limiting our liability is invalid under state law), such provision shall be enforced to the fullest extent permitted by law, and the remaining provisions shall remain in full force and effect.

For example:

  • If a court finds that our limitation of liability for indirect damages is unenforceable in your state, the rest of the Terms (e.g., order confirmation requirements, prohibited uses) will still apply.
  • If a clause about “Back in Stock” notifications is found to be unenforceable, the rest of the product availability provisions (e.g., “In Stock” vs. “Out of Stock” definitions) will still be valid.

13. Termination

These Terms are effective until terminated by either you or us.

13.1 Termination by You

You may terminate these Terms at any time by:

  • Ceasing to use the Site and services (no longer visiting the Site, placing orders, or accessing your account).
  • Closing your account (if you have one) by:
    1. Logging into your account and navigating to the “Account Settings” page.
    2. Clicking “Close Account” and following the prompts to confirm (you may be asked to verify your identity).
    3. If you cannot close your account online, email support@fashioncitystore.com with your request—we will confirm closure within 3 business days.

Closing your account does not relieve you of any obligations incurred before termination (e.g., paying for orders placed before closure, indemnifying us for claims arising from your past use of the Site).

13.2 Termination by Us

We may terminate these Terms immediately without notice if:

  • You violate any provision of these Terms (e.g., placing fraudulent orders, submitting harmful UGC).
  • You provide false or misleading information (e.g., using a fake name to create an account, providing a fake billing address).
  • You pose a risk to us or other users (e.g., your account is linked to a data breach, you are using the Site to distribute malware).
  • You fail to pay any amounts owed (e.g., unpaid orders, chargeback fees)—you have 14 days to pay after we notify you; if you do not pay, we may terminate your account.

13.3 Consequences of Termination

Upon termination:

  • You must stop using the Site and services immediately.
  • Your account will be deactivated—you will no longer be able to log in, and any saved preferences (e.g., shipping addresses, product favorites) will be deleted (unless we are required by law to retain them).
  • We may retain your data for legal purposes (e.g., order records for tax compliance) as required by law—see Section 6 of the Privacy Policy for data retention periods.
  • You remain liable for any amounts due (e.g., unpaid orders, damages from breaches) up to the date of termination.

14. Governing Law & Disputes

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States of America, without regard to its conflict of laws principles. This means that any dispute arising from these Terms will be interpreted under New York law, even if you live in another state or country (e.g., if you live in Canada and sue us for a defective product, New York law will apply).

14.2 Dispute Resolution

We encourage you to resolve disputes informally before initiating legal action. Most issues (e.g., defective products, shipping delays) can be resolved quickly by contacting our customer support team.

14.2.1 Informal Resolution

Before filing a lawsuit or arbitration claim, you must:

  1. Email support@fashioncitystore.com with a detailed description of the dispute (e.g., “My order was delivered damaged—I want a replacement”).
  2. Provide any supporting documentation (e.g., photos of the damaged product, order confirmation email).
  3. Allow us 30 days to respond and attempt to resolve the dispute (e.g., offering a replacement, refund, or discount on a future order).

If we cannot resolve the dispute informally within 30 days, you may pursue formal legal action as outlined below.

14.2.2 Small Claims Court

If the dispute involves an amount of money within the jurisdiction of your local small claims court (typically $10,000 or less for individuals in the U.S./Canada), you may file a claim in small claims court. Small claims court is a low-cost, informal way to resolve disputes without an attorney.

You may file a claim in:

  • Your county of residence (if you live in the U.S./Canada).
  • New York County, New York (if you live outside the U.S./Canada—this is our principal place of business).
14.2.3 Class Action Waiver

You agree that you may not bring a class action, collective action, or representative action against us. Any dispute must be brought individually, not as part of a class (e.g., you cannot join a lawsuit with other customers who received defective products, or act as a representative for a group of customers).

This means:

  • You cannot file a class action lawsuit against us.
  • You cannot participate in a class action lawsuit filed by others.
  • Any arbitration claim must be filed individually (not as part of a class).
14.2.4 Arbitration

If the dispute cannot be resolved informally or in small claims court, you and we may agree to resolve the dispute through binding arbitration instead of litigation. Arbitration is a private process where a neutral arbitrator (not a judge or jury) decides the dispute, and the decision is final and enforceable by courts.

To initiate arbitration:

  1. You or we must send a written request for arbitration to the other party.
  2. Arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (for U.S. users) or the International Chamber of Commerce (ICC) Rules (for international users).
  3. The arbitration will take place in your county of residence (if you live in the U.S./Canada) or New York, New York (if you live outside the U.S./Canada).
  4. The arbitrator’s decision will be in writing and will include the reasons for the decision.

You may opt out of this arbitration provision within 30 days of first using the Site by emailing support@fashioncitystore.com with “Arbitration Opt-Out” in the subject line. If you opt out, you and we may still resolve disputes in court.

14.3 Statute of Limitations

You agree that the statute of limitations for filing any claim arising from these Terms is 1 year from the date the claim arises. After 1 year, the claim is permanently barred (you cannot file a lawsuit or arbitration claim for the issue).

For example:

  • If your product is delivered damaged on 11/1/25, you must file a claim by 11/1/26.
  • If you discover a billing error on 11/5/25, you must file a claim by 11/5/26.

15. Changes to These Terms

We may update these Terms from time to time to reflect:

  • Changes in legal requirements (e.g., new state privacy laws, updates to consumer protection regulations).
  • Changes to our website features (e.g., adding a loyalty program, launching a fabric sample request tool for home goods).
  • Changes to our business practices (e.g., switching to a new shipping carrier, updating our return policy for custom products).

15.1 Notification of Changes

When we make changes:

  • Post the Revised Terms: We will post the updated Terms on the Site with a new “Last Updated” date prominently displayed at the top (e.g., “Last Updated: 2025-10-12”).
  • Notify Account Holders of Material Changes: If the changes are material (e.g., new prohibited uses, changes to liability limits, updates to order cancellation policies), we will send an email to all account holders at least 7 days before the changes take effect. The email will include:
    • A summary of the key changes (e.g., “We are now requiring a signature for all orders over $100”).
    • A link to the full revised Terms.
  • Non-Material Changes: For minor changes (e.g., updating contact information, clarifying a product description policy), we will post the revised Terms on the Site without additional notification.

15.2 Acceptance of Changes

Your continued use of the Site or services after the revised Terms are posted constitutes acceptance of the changes. If you do not agree to the revised Terms, you must:

  • Stop using the Site and services immediately.
  • Close your account (if you have one) by emailing support@fashioncitystore.com.

We encourage you to review these Terms periodically (e.g., every 6 months) to stay informed about any changes.

16. Contact Information

For questions, concerns, or requests related to these Terms (e.g., clarifications, disputes, account termination), please contact us at:

  • Email: support@fashioncitystore.com
  • Subject Line: Use “Terms of Service Inquiry” for general questions, “Dispute Resolution” for claims, or “Account Termination” for closure requests.
  • Response Time: We aim to respond to all inquiries within 2 business days (excluding weekends and holidays).

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