YOUR SHOPPING JOURNEY WITH FASHI&FASHION, INCLUDING THE PURCHASE OF OUR UNIQUE PRODUCTS FROM OUR STORES IN PAKISTAN, IS GOVERNED BY THESE TERMS OF SALE. IF YOU’RE BUYING OUR PRODUCTS OUTSIDE OF PAKISTAN, DIFFERENT TERMS APPLY. PLEASE TAKE A MOMENT TO REVIEW THESE TERMS BEFORE ORDERING PRODUCTS ONLINE OR MAKING A PURCHASE FROM A FASHI&FASHION STORE.
PLEASE BE AWARE THAT YOUR USE OF AND ACCESS TO FASHI&FASHION STORES ARE SUBJECT TO THE FOLLOWING TERMS. BY SHOPPING AT ANY FASHI&FASHION STORE OR PURCHASING ANY FASHI&FASHION PRODUCT IN PAKISTAN, YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY THESE TERMS OF SALE. IF YOU DO NOT AGREE TO THE TERMS, YOU MUST (A) STOP USING OR SHOPPING IN OUR DIGITAL STORES, (B) STOP VISITING OR SHOPPING IN OUR RETAIL STORES, (C) NOT MAKE A PURCHASE, AND/OR (D) RETURN ANY ELIGIBLE PURCHASE WITHIN THE APPLICABLE RETURN WINDOW.
YOU ARE SUBJECT TO THESE TERMS AND MAY PURCHASE FASHI&FASHION PRODUCTS IF YOU ARE OF LEGAL AGE IN YOUR JURISDICTION OR IF YOU HAVE CONSENT FROM YOUR PARENT OR GUARDIAN. ENJOY YOUR SHOPPING EXPERIENCE WITH FASHI&FASHION!
APPLICABILITY
These Sale Terms apply to your shopping experiences, including orders, purchases, and returns, at Fashi&Fashion’s physical retail stores and digital stores that facilitate consumer purchases via Fashi&Fashion.com or the Fashi&Fashion app. Both physical and digital stores are collectively referred to as “Fashi&Fashion Stores” in these Sale Terms. These Sale Terms form a legally binding contract between you and Fashi&Fashion Retail Services, which we may refer to as “Fashi&Fashion,” “we,” “us,” or “our,” with its headquarters and main place of business at the address you provided. Fashi&Fashion reserves the right to revise these Sale Terms at any time. The current Sale Terms will be available at Fashi&Fashion.com. The Sale Terms posted at the time of your purchase at a Fashi&Fashion Store will govern that purchase. In addition to the Sale Terms, by shopping and/or purchasing at any Fashi&Fashion Store, you acknowledge and agree to be bound by Fashi&Fashion’s Terms of Use and Privacy Policy, which are hereby incorporated by reference.
PURCHASING PRODUCTS
Fashi&Fashion Stores, including all consumer rights or policies provided therein, are designed exclusively for the benefit of individual consumers. Therefore, the purchase of products for resale is strictly forbidden. Resale purchases refer to the acquisition of a product by someone who plans to resell the product to others (consumers, businesses, or any third party). If Fashi&Fashion determines that a purchase or order is intended for resale, Fashi&Fashion reserves the right, at its sole discretion, and in relation to such purchase or order, to (1) suspend the application of any Fashi&Fashion policy that provides a right or benefit intended for direct consumer purchases; and (2) take any measures to prevent such purchase or order (and discourage future purchases or orders). These measures may include, but are not limited to, restricting sales to any consumer, consumer account, or member account, cancelling orders, charging restocking fees, imposing purchase quantity limits, refusing to issue refunds or accept returns, denying access to any Fashi&Fashion Store, and/or suspending or closing any account.
HOW TO PURCHASE– DIGITAL STORES
To finalize your purchase at a Fashi&Fashion Digital Store, you are required to provide your complete name, email address, valid delivery address, mobile number, and payment method to place an online order. You might need to modify your device settings or configure your browser to accept functional cookies and pop-ups to fully utilize all the features of a Fashi&Fashion Digital Store. This includes designing customized items, adding items to your shopping cart, and submitting your order.
Upon order submission, we will send an email acknowledging the receipt of your order, referred to as the “Order Confirmation”. Our acceptance of your order occurs when the products are dispatched to you, at which point we will send a second email confirming the shipment of the products. If we are unable to provide you with a product, we will notify you in writing and will not process the order for that particular product.
OUR RIGHT TO REJECT YOUR PURCHASE OR CANCEL AN ORDER
Sale of products and fulfillment of all orders at a Fashi&Fashion Store is subject to availability and our discretion in managing inventory. We explicitly reserve the right to limit, decline or reject any sales and orders for any reason, without being liable for any damage or costs other than repayment of any amount received from you in relation to such sale or order, in situations including but not limited to:
An unforeseen event (as defined below);
The product you wish to purchase is not available or in stock;
Your address, billing information, or payment method is incorrect or cannot be verified;
Your order is flagged by our security systems as potentially fraudulent, or an order placed with automated ordering software or technology;
There is evidence that your order (single or cumulative orders) was purchased for the purpose of resale, tax evasion, or other fraudulent purpose;
Your order was flagged for freight forwarding or shipping to an address or service provider that enables or allows foreign export or unlawful avoidance of sales tax;
Your purchase or order exceeds product purchase limits (quantity and/or dollar amount);
Your account and/or purchase history shows an excessively high volume of returns;
There is evidence that you are not eligible to make purchases;
Or in the event of misspelling, pricing, or other errors or mistakes at the Fashi&Fashion Store(s) where you wish to order or purchase.
Fashi&Fashion will determine whether any of the above events have occurred at its sole discretion.
TITLE TRANSFER & RISK OF LOSS
With the exception of products purchased or picked up at Fashi&Fashion Stores, title and risk of loss for products purchased from Fashi&Fashion pass to you upon our delivery to the carrier. Title and risk of loss for products purchased online and picked up at Fashi&Fashion Retail Stores or directly purchased at Fashi&Fashion Retail stores will pass to you upon your authorized receipt of those products. Title to product(s) will not transfer until full payment has been received.
INDEMNIFICATION AND RELEASE
To the maximum extent allowed by law, you agree to indemnify, defend, and hold harmless Fashi&Fashion Retail Services, its affiliates, officers, directors, employees, agents, licensors, and suppliers (collectively referred to as “Fashi&Fashion Parties”) from all claims, losses, liabilities, expenses, damages, and costs, including attorneys’ fees, resulting from or related to your behavior in connection with any Fashi&Fashion Store or with other Fashi&Fashion Store users or consumers, or any violation of these Sale Terms, any law, or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors, and assigns, hereby fully and permanently release and discharge the Fashi&Fashion Parties from any and all claims or causes of action you may have for damages resulting from or related to your behavior in connection with any Fashi&Fashion Store or with other Fashi&Fashion Store users or consumers, or any violation of these Sale Terms, any law, or the rights of any third party.
LIMITATION OF LIABILITY
These terms and conditions outline the complete agreement and understanding regarding any claim arising from or related to your shopping, orders, purchases, returns, access, or use of Fashi&Fashion Stores.
To the maximum extent allowed by law, the total liability of either party to the other for all claims arising from or related to this agreement, whether in contract, warranty, tort, strict liability, statute, or otherwise, shall be limited to the amount paid to Fashi&Fashion for the product(s) purchased in the relevant transaction.
To the maximum extent allowed by law, none of the Fashi&Fashion Parties will be liable for any direct, special, incidental, indirect, or consequential damages, including but not limited to, any lost profits or lost data, that result from your access or use of, or your inability to access or use, a Fashi&Fashion Store; or for the performance of the products purchased at a Fashi&Fashion Store; or for the conduct of Fashi&Fashion Store users or consumers (whether online or offline); or for any user content or any other activity in connection with your shopping, orders, purchases, or use of a Fashi&Fashion Store, even if Fashi&Fashion has been advised of the possibility of such damages. You assume total responsibility for your use and access to Fashi&Fashion Stores. Your only remedy against Fashi&Fashion in connection with any alleged damages arising from your use or access to the Fashi&Fashion Stores or any content is to stop using or accessing Fashi&Fashion Stores.
If any part of this limitation of liability is determined to be unenforceable or invalid for any reason, you agree that Fashi&Fashion’s liability to you for any damage or loss shall be limited to the maximum extent enforceable by applicable law.
DISCLAIMER OF WARRANTY
FASHI&FASHION PROVIDES ACCESS TO FASHI&FASHION STORES ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. THIS INCLUDES, BUT IS NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT ON ALL USES AND/OR PURCHASES. TO THE MAXIMUM EXTENT ALLOWED BY LAW, ALL SUCH REPRESENTATIONS AND WARRANTIES ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, (1) FASHI&FASHION DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PRODUCT. FASHI&FASHION FURTHER DISCLAIMS ANY WARRANTIES EXPRESS OR IMPLIED AS TO THE ACCURACY OR COMPLETENESS OF EACH PRODUCT INCLUDING, WITHOUT LIMITATION, PRICING, QUANTITY, AND SIZING; (2) FASHI&FASHION DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION POSTED AT FASHI&FASHION STORES IS ACCURATE, COMPLETE, OR CURRENT, OR THAT DIGITAL STORES WILL OPERATE WITHOUT INTERRUPTION, WITHOUT ERROR, OR WITHOUT DEFECTS, BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS; AND (3) THE FOREGOING DISCLAIMER OF WARRANTY IS ENFORCEABLE TO THE MAXIMUM EXTENT ALLOWED BY LAW AND DOES NOT APPLY TO ANY PRODUCT OR MANUFACTURER WARRANTY EXPRESSLY OFFERED BY FASHI&FASHION AND/OR ANY THIRD-PARTY MANUFACTURER OF MERCHANDISE.
DISPUTES
CHOICE OF LAW, JURISDICTION, TIME LIMIT FOR CLAIMS
You agree that these Terms and any disagreement between you and Fashi&Fashion will be governed entirely by the laws of the jurisdiction where your business is registered, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods. Except where prohibited by applicable law, and without limitation to any statutory rights for consumers, you agree that all disputes, claims, and legal proceedings directly or indirectly arising out of or relating to Fashi&Fashion Stores (including but not limited to the purchase of Fashi&Fashion products) will be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in the jurisdiction where your business is registered. You consent to waive all defenses of “lack of personal jurisdiction” and “inconvenient forum” with respect to venue and jurisdiction in the state and federal courts of the jurisdiction where your business is registered. All claims must be brought within one (1) year after the claim arises, except to the extent a longer period is required by applicable law.
RIGHT TO ASSIGN, NO WAIVERS, SEVERABILITY
Fashi&Fashion reserves the right to assign its rights and obligations under these Terms to any party at any time without notifying you, unless notification is mandated by applicable law. This will not impact your rights or our responsibilities under these Terms. You can only transfer your rights or obligations under these Terms to another individual if we provide written consent. Fashi&Fashion’s failure to insist upon or enforce strict adherence to these Terms does not constitute a waiver of any of these Terms or Fashi&Fashion’s rights. If we do waive a default by you, it will be done in writing, and it does not imply that we will automatically waive any subsequent default by you. You should always operate under the assumption that these Terms are in effect. If any court or relevant authority determines that any provision of these Terms is invalid or unenforceable, the rest of these Terms will remain enforceable.
PRICE/PAYMENT
PAYMENT METHODS
At Fashi&Fashion Stores, we accept a variety of payment methods during checkout. The list of acceptable payment methods can be found at our Digital Stores. The acceptable payments in Retail Stores are outlined at the register. We kindly ask that you refrain from attempting to pay using any payment method not listed at the Fashi&Fashion Stores. If you do so, we will not be held responsible for any loss of the payment or any other damages that may result from this action.
PRICES AND CURRENCY
The product prices displayed on products, packaging, signage, or otherwise posted within the Fashi&Fashion Store include sales tax.
Prices are quoted and exclusively payable in US dollars.
The prices of the products will be as displayed in the Fashi&Fashion Store. Prices may change from time to time, but changes will not affect any order which we have confirmed in an Order Confirmation.
YOUR TOTAL PRICE
The total cost displayed on the final checkout screen of our Digital Stores includes an estimated tax. This cost, updated to include the actual tax, will be noted in the Order Confirmation for Digital Store orders, which we suggest you print or download for your records. For purchases made in Retail Stores, the actual tax and shipping costs (if applicable) will be shown on your printed receipt, which we advise you to keep for future reference. If you make a payment using a credit or debit card, the total amount for your entire order will be reflected on your statement in your local currency.
If your local currency is different from US dollars, your bank or credit card issuer will apply an exchange rate and any fees as per the terms and regulations applicable to you and your bank/card issuer. Please note that the exchange rate and any fees applied by the bank/card issuer are beyond our control.
SHIPPING & DELIVERY – DIGITAL STORES
DELIVERY – WHERE AND WHEN
We do not ship on certain public holidays. We can only fulfill an order to a valid delivery address which is a home or office address given in the details.
SPLIT DELIVERY
We often deliver all items from a single order within a single shipment. However, due to numerous factors, products may be delivered in split shipments. You will notify by an e-mail to the e-mail address you provided at the time your order was placed. You will not be charged for any additional delivery costs.
INSPECTION UPON DELIVERY
Upon delivery, please inspect the packaging and products for damage. If it appears that the products are damaged, please do not accept the shipment, and contact Fashi&fashion consumer services for assistance.
GLOBAL SHIPPING
At Fashi&fashion, we value our customers from all corners of the globe. That’s why we’re thrilled to offer FREE standard shipping worldwide! No matter where you are, you can enjoy our unique, hand-produced clothing items without worrying about shipping costs. Shop with us and experience the joy of hassle-free international shopping.
RETURNS & CANCELLATIONS
CANCELLING ORDERS BEFORE SHIPMENT – DIGITAL STORES
You may cancel any order free of charge and without giving us any reason within thirty (30) minutes from the time the order was placed. Please note that we begin processing orders placed at our Digital Stores almost immediately.
Orders that are “Pending” or “On Hold” cannot be cancelled. If you do not cancel an order within the thirty (30) minute window, the product(s) will be delivered to you and may be returned in accordance with the return procedure set out below.
RETURNING PRODUCTS AFTER PURCHASE/DELIVERY
Purchased items can only be returned if they are found to be defective and are returned within 30 days of the purchase date. If we identify a manufacturing defect, we will replace your product. If we determine that there is no manufacturing defect, we will return your original item to you along with a written evaluation of our findings, and you will bear the shipping costs. This determination will be made by Fashi&Fashion at its sole reasonable discretion. Please ensure to include a copy of the receipt or proof of purchase with this form and your return. Each purchase will only be replaced once. Please allow up to 6 weeks for processing. The return times may vary. If you are using a P.O. Box number for your address, please make sure to provide us with an alternate address. In the event that we do not have an exact replacement for the product you are returning, we will send you a style that is comparable to the one you returned.
CIRCUMSTANCES BEYOND OUR CONTROL
A Circumstance Beyond Our Control refers to any act or event that is beyond our reasonable control. This includes, but is not limited to, supply chain shortages, strikes, lock-outs or other industrial action by third parties, civil unrest, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster, or failure of public or private telecommunications networks. If a Circumstance Beyond Our Control occurs that impacts the fulfillment of our obligations under these Terms: (1) We will notify you as soon as reasonably possible; and (2) our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended for the duration needed to resolve the Circumstance Beyond Our Control. In the event that the Circumstance Beyond Our Control affects our delivery of a product to you, we will arrange a new delivery date with you once the Circumstance Beyond Our Control has been resolved. You have the option to cancel the order if a Circumstance Beyond Our Control occurs and you no longer wish for us to provide the products.
