Terms / Conditions

1. Introduction

Welcome to THE FASHION SQUARE e-commerce marketplace for luxury fashion ("Platform"). By accessing and using the Platform, you agree to be bound by these Terms and Conditions ("Terms"). We reserve the right to update or revise these terms of use at any time in our sole discretion. Your continued use of the site following the posting of any changes to the terms of use constitutes acceptance of those changes. If you do not agree with any part of these Terms, you must not use the Platform.

2. Use of the site

You may use the Site only in accordance with and subject to these Terms of Use and the Site's Privacy Policy (the 'Privacy Policy'). By completing and submitting your account registration, you have opted in to receive email communication from us. You may not use the Platform for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of THE FASHION SQUARE or others. Notwithstanding any other rights or restrictions in these Terms, you may not use this Platform to:

• Transmit via or through the Platform any information, data, text, images, files, links, or software except in connection with your authorized use of this Platform or otherwise in response to specific requests for information by us.
• Introduce to the Platform or any other computer or website viruses, worms, Trojan horses and/or harmful code.
• Obtain unauthorized access to any computer system.
• Impersonate any other person, including but not limited to, a registered user of this Site or an employee of THE FASHION SQUARE.
• Invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity.
• Misrepresent the identity of a user or use a false e-mail address.
• Tamper with or obtain access to this Platform or any component of this Platform.
• Conduct fraudulent activities.
• Collect or harvest information regarding other users of the Platform for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail.

You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security.

3. Registration and Account

To access certain features of the Platform, you may be required to create an account. You must provide accurate and complete information when registering and keep your account up-to-date. You are responsible for the confidentiality and security of your account credentials and for all activities that occur under your account.

4. Pricing

All product prices on The Fashion Square reflect the retail prices set by our partner boutiques. These prices may include promotional discounts and can fluctuate throughout the season at the boutique’s discretion. The Fashion Square does not control these adjustments and does not offer price matching.

Prices are displayed in the local currency of your shipping destination, where available. One single currency is used per country. If your local currency is not supported, your order will be charged in USD at a competitive exchange rate. The applicable currency will be clearly shown at checkout before you place your order.

For the following countries and regions, duties and taxes are included in the product price:
Australia, Bahrain, Canada, France, Germany, Hong Kong SAR, Japan, Kuwait, Mexico, Qatar, Saudi Arabia, Singapore, Taiwan Region, The Netherlands, United Arab Emirates, United Kingdom, and United States.

No additional customs charges or delivery fees will apply at checkout unless otherwise specified.

Sales or use taxes may apply based on your shipping address. If applicable, these will be automatically calculated and displayed at checkout. (modifié)

5. Payment

Order payments must be made through the payment methods available on the Platform. By submitting your payment information, you authorize THE FASHION SQUARE and our third-party payment processors to charge the applicable amount to your selected payment method.
When using a credit card for your transaction, you must use your own credit card. THE FASHION SQUARE will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the user and the onus to 'prove otherwise' shall be exclusively on the user.

6. Product quality

All products undergo strict quality control procedures before they are shipped. We do not allow the shipment of flawed items or products that are of lower quality than the corresponding market standards for sale on our platform. Please note that items that are damaged as a result of normal wear and tear, by accident, or through misuse will be considered faulty and will not be accepted, and any refund request will be refused.

If you receive an item that is not as described, flawed, or of lower quality, you can return it to us within the prescribed return period. For further information, please see our Return Policy.

As a consumer, you have legal rights concerning products that are faulty or not as described. These legal rights are not affected by anything in these Terms and Conditions.

7. Order and Delivery

The expected delivery time is our best estimation of the time required to get your order to you. We cannot be held responsible for any losses resulting from delivery taking place outside of our expected timeframe. You are still obligated to fulfill your customer obligations or any other relevant terms and conditions, even if your order is delivered outside of the expected delivery time frame. If your account needs to undergo security validation, this will affect the delivery time. THE FASHION SQUARE is not responsible for any delays caused by destination customs clearance issues.

All orders are insured during their time in transit until delivery to your specified delivery address. THE FASHION SQUARE will hold the title to the goods until they are delivered to and accepted by you in accordance with these Terms and Conditions. We require a signature for any order delivered, and at that point, the responsibility and title for your purchased items pass to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift), then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by THE FASHION SQUARE, and the transfer of responsibility and title in the same way. The items become your responsibility from the time we deliver them to the address you gave us.

In certain circumstances, our delivery partner may provide you with the following options when delivering your order: (a) signature release: opting out of the requirement to provide a signature on delivery; and/or (b) leave with neighbor: redirecting the delivery to a neighbor. You acknowledge and agree that we shall bear no responsibility or liability for any loss or damage that may result from delivering your order in accordance with your request.

While we make every effort to ensure that all information, including pricing, on our platform is accurate, errors may occasionally occur. If we discover an error in the price of an item you have ordered, we will notify you by email as soon as possible. You will then have the option to either confirm your order at the correct price or cancel it.

Please note that we reserve the right to cancel any order placed at an incorrect price, even if the order has been confirmed and payment has been processed. In such cases, a full refund will be issued. If we are unable to reach you within a reasonable period, the order will be automatically cancelled, and any payment received will be refunded.

Customers may request to cancel their order free of charge before the item has been prepared for shipment by the partner boutique. Once an item has been prepared for shipment, a cancellation fee of $25 will apply to cover handling costs.

For customers in the USA, we do not collect sales or use tax in all states. We do not collect use tax for international purchases. For states imposing sales or use tax, your purchase may be subject to use tax unless it is specifically exempt from taxation. Many states require customers to file a sale and/or use tax return at the end of the year reporting all taxable purchases that were not taxed and to pay tax on those purchases. For more details, please contact your local taxing authority.

8. Returns and Refunds

Our Return Policy allows eligible items to be returned within a 14-day period from the delivery date. To facilitate the return, a $15 contribution will be deducted from the refund value. Please note, the initial shipping contribution is non-refundable per our Terms & Conditions.

To initiate a return, please go to "Orders & Returns" section and submit a Return request.

Please ensure that all items are unworn, undamaged, and unused, with all security tags and labels attached, and included in the original packaging. All footwear and accessories must be returned with their original branded boxes and dust bags and placed inside a protective box. Hosiery, lingerie, and swimwear items must be returned with the hygiene seals attached and in unopened and undamaged packaging, where applicable. Jewelry must be returned in the same condition as it was delivered, including all branded packaging and accompanying documents.

To avoid any inconvenience, please ensure that you include any accessories, branded boxes, or cases delivered with your order and use our reusable packaging. Please note that if any element is damaged or missing from your return, we may not be able to accept it.

Return Label and Return Note will be provided within 2 business days of your request. Make sure to ship the return from the same country where your order was delivered.

Returns may be shipped back using the complimentary home pick-up service or by dropping off the item at any authorized FedEx service point.

9. Intellectual Property

All content on our Platform, including text, images, graphics, logos, and software, belongs to THE FASHION SQUARE or its licensors and is protected by copyright, trademark, and other intellectual property laws. Any reproduction, distribution, or creation of derivative works from our content is prohibited without our prior written consent. Any use of the content and materials for purposes not expressly permitted in these Terms of Use is strictly prohibited.

10. Accuracy of content and limitations on quantity

We strive to provide accurate and reliable information on our Platform. However, there may be occasional typographical errors, pricing errors, or other inaccuracies that we will correct as soon as possible. We reserve the right to revoke any stated offer, correct any errors or omissions, and make changes to prices, content, promotions, product descriptions, or specifications at any time without notice. We may also limit quantities and revise, suspend, or terminate an event or promotion at any time without notice. Please note that the inclusion of any products or services on our Platform does not guarantee their availability.

11. Copyright Infringement; Notice and Take Down Procedure

If you believe that any materials on our Platform infringe your copyright, please send a request to legal@the-fashion-square.com. Your request should include a signature (or electronic equivalent) of the copyright holder or an authorized representative and provide specific information about the allegedly infringing materials, including their location on our Platform. You should also provide your name and contact information, state that you have a good faith belief that the materials are infringing, and confirm that the information in your claim is accurate. Finally, you must indicate that you are the lawful copyright owner or are authorized to act on the owner's behalf "under penalty of perjury."

12. Unavailability of the platform; Termination; Fraud

We reserve the right to modify, suspend, or terminate this Platform, in whole or in part, at any time and for any reason, without notice or liability. We may also terminate or suspend your access to all or part of the Platform, or your account or membership, for any reason, including without limitation, a breach of these Terms of Use. If we notify you that your access to the Platform or your account is terminated, you must immediately cease all use and access. We may cancel, delay, refuse to ship, or recall any order if fraud is suspected. Even if your account or membership is terminated, the provisions regarding intellectual property, representations and warranties, indemnities, and limitations of liabilities (as well as any other obligations that should survive termination) will remain in effect.

13. Indemnification

By using this Platform, you agree to indemnify, defend, and hold harmless THE FASHION SQUARE, its parent, subsidiaries, and affiliates, as well as their respective officers, directors, employees, agents, partners, contractors, vendors, manufacturers, distributors, representatives, and affiliates, from any and all claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from any third-party claim related to (i) your use or misuse of the Platform; (ii) your breach of these Terms of Use; or (iii) your violation of any law or the rights of a third party. You agree to cooperate fully in the defense of any such claim. THE FASHION SQUARE reserves the right to assume exclusive defense and control of any matter subject to indemnification by you.

14. Disclaimer of Warranty

This Platform, its content, and all information, merchandise, and other materials accessible from or available through this Platform are provided on an "as available" and "as is" basis without any express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. THE FASHION SQUARE does not guarantee that the information on this Platform is error-free, or that the functions of the Platform will be uninterrupted or error-free. We do not warrant that defects will be corrected or that the Platform and its server(s) are free of viruses or other harmful components.

15. Limitation of Liability

THE FASHION SQUARE, its parent, subsidiaries, affiliates, and their respective officers, directors, employees, agents, successors, subsidiaries, divisions, distributors, suppliers, affiliates, or third parties providing information on this Platform shall not be liable to any user of the Platform or any other person or entity for any direct, indirect, special, incidental, punitive, consequential, or exemplary damages. This includes damages for loss of profits, loss of data, or loss of use arising out of the use or inability to use the Platform, or any information contained therein, or stored or maintained by THE FASHION SQUARE, whether based upon warranty, contract, tort, or any other legal theory. Even if THE FASHION SQUARE has been advised of or should have known of the possibility of such damages or losses, its liability will not exceed the amount paid by the user to THE FASHION SQUARE in connection with the applicable event, promotion or event giving rise to such liability. THE FASHION SQUARE shall not be held liable for any damages or losses arising out of or otherwise incurred in connection with the loss of any data or information contained in the user's account or otherwise stored by or on behalf of THE FASHION SQUARE. You acknowledge that this paragraph applies to all content, merchandise, and services available through the Platform. Because some countries do not allow limitations on implied warranties or the exclusion or limitation of certain damages, some or all of the above disclaimers or exclusions may not apply in such countries, and liability will be limited to the fullest extent permitted by applicable law.

16. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of France, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of France.

17. Amendments

We reserve the right to revise these Terms at any time by updating this page. Your continued use of the Platform constitutes your acceptance of any such revisions.

18. Miscellaneous

These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and THE FASHION SQUARE with respect to the Platform and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and THE FASHION SQUARE. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. THE FASHION SQUARE’s failure to act with respect to a breach by you or others does not waive THE FASHION SQUARE's right to act with respect to subsequent or similar breaches. THE FASHION SQUARE’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The section headings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect the terms of these Terms of Use. This agreement shall be governed by French law, and the parties submit to the jurisdiction of the courts of France.

19. Contact

If you have any questions or concerns about these Terms, please contact us at legal@the-fashion-square.com

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