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TERMS OF SERVICE

TERMS OF SERVICE




These terms and conditions ("Terms", "Agreement") are an agreement between 131 FASHIONS ("us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of 131fashions.co.nz and any of its products or services (collectively, "Website" or "Services").131 FASHIONS offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. 

 
1   Accounts and membership 

You must be at least 18 years of age to use this Website. By using this Website and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account.
 
You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration. 


2   Billing and payments 

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Sensitive and private data exchange happens over a SSL secured communication channel and is encrypted and protected with digital signatures, and our Website is also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users. Scans for malware are performed on a regular basis for additional security and protection. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase.

3  Orders

All orders are subject to acceptance and availability. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Unless you cancel your order, acceptance of your order and completion of the contract between you and 131 FASHIONS will be completed when we email you to confirm the goods have been dispatched. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We may require additional verifications or information before accepting any order. We provide goods only as a reseller to end user customers and do not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products offered by 131 FASHIONS. We reserve the right to refuse any order without giving reason. Upon cancellation of an order we will make all reasonable attempts to contact you using the details provided. All received monies will be refunded using the method received. We reserve the right to change products and product pricing at any time.


4  Delivery

We aim to deliver within the time indicated by us at the place of delivery requested by you. We cannot guarantee delivery dates and we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery. Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address. In the event that multiple items are ordered, part deliveries may be made where stock is not available. All reasonable attempts to notify you will be made using the details you provided.

The buyer is responsible for inspecting the goods for fault and notifying us in accordance with our Returns Policy should there be a fault. Unless otherwise specified, responsibility and title in the Goods passes to you upon delivery. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that transfer of responsibility in the same way. From the time when risk passes to you, we will not be liable for loss or destruction of the Product.

During sale times and peak periods delivery may take longer than the estimated time. We will endevour to get your order to you ASAP but we ask that you be patient during these times.


5  Returns

131 FASHIONS appreciates you purchase from us. We accept returns, provided that our conditions are met. We are happy to refund or exchange purchases made online or in store on full price items only. Your refund will be credited to the original purchaser's credit card or payment method. We will issue any refund using the original payment method. For example, if you purchase a full priced item using an online store credit and then return it, the value of the credit will be returned to the online store credit, and any additional payment will be refunded to the original credit card. See here for our full Returns and Refunds Policy.
 

6  Delivery

The delivery times provided by us are estimates only. We aim to deliver within the time indicated by us at the place of delivery requested by you. We cannot guarantee delivery dates and we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery. Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address. In the event that multiple items are ordered, part deliveries may be made where stock is not available. All reasonable attempts to notify you will be made using the details you provided.

The buyer is responsible for inspecting the goods for fault and notifying us in accordance with our Returns Policy should there be a fault. Unless otherwise specified, responsibility and title in the Goods passes to you upon delivery. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that transfer of responsibility in the same way. From the time when risk passes to you, we will not be liable for loss or destruction of the Product.

During sale times and peak periods delivery may take longer than the estimated time. We will endevour to get your order to you ASAP but we ask that you be patient during these times.


6   Accuracy of information 

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated. 131 FASHOINS has has made every effort to reproduce images, colours, finishes as accurately as possible, however as computer monitors vary we cannot guarantee that your monitor's display of any colour will be completely accurate and is dependent upon individual settings.


7  Third-party services 

If you decide to enable, access or use third-party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. 

You irrevocably waive any claim against 131 FASHIONS with respect to such other services between 131 FASHIONS is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective websites. By enabling any other services, you are expressly permitting between 131 FASHIONS to disclose your data as necessary to facilitate the use or enablement of such other service. 


8   Links to other websites 

Although this Website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. Some of the links on the Website may be "affiliate links". This means if you click on the link and purchase an item, between 131 FASHIONS will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk. 


9   Prohibited uses 

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 
10   Intellectual property rights 

This Agreement does not transfer to you any intellectual property owned by between 131 FASHIONS or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with between 131 FASHIONS. All trademarks, service marks, graphics and logos used in connection with our Website or Services, are trademarks or registered trademarks of between 131 FASHIONS or between 131 FASHIONS licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third-parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any between 131 FASHIONS or third-party trademarks. 


11   Disclaimer of warranty 

You agree that your use of our Website or Services is solely at your own risk. You agree that such Service is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchant ability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected.


11  Severability 

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect. 

 
12  Changes and amendments 

We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes. 


13  Acceptance of these terms
 
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services. 


Contacting us 

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to nicolene@xtra.co.nz,  
OR contact by phone          07 854 5131   |   021 713121 
  
This document was last updated on May 3, 2020

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