TERMS & CONDITIONS
Overview
This website FashionAviv.com is operated by FASHIONAVIV E-COMMERCE INC. Throughout the site, the terms “we”, “us” and “our” refer to FASHIONAVIV E-COMMERCE INC 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.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
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.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Section 1 - Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or territory of residence, or that you are the age of majority in your state or territory of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Section 2 - General Conditions
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 3 - Modifications to the Service and Prices
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Section 4 - Products or Services (if applicable)
We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
Section 5 - Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Section 6 - Personal Information
Your submission of personal information through the store is governed by our Privacy Policy. Click here to view our Privacy Policy.
Section 7 - Governing Law
This agreement shall be governed by and construed in accordance with the laws of Canada and the parties agree that the courts of Canada shall have exclusive jurisdiction in relation to this agreement.
Section 8 - Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
How to Contact us
You can contact us by email: contact@fashionaviv.com
Our Products & Services
Descriptions of our products. The description of the Goods & Services as set out in the Website, www.fashionaviv.com, is for illustrative purposes only and there may be small discrepancies in the size and colour of any Goods supplied.
Service Availability. All Services which appear on the Website are subject to availability.
Changes to Services. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
Placing an Order
How to place an order. Orders are placed solely through our website. Once you’ve added the product(s) to your shopping cart you’ll go through our checkout procedure where you’ll need to enter your contact details, delivery and billing information. Please check your order (e.g. the product(s), size(s) and delivery address) before clicking the “place order” button.
The description of the Services and any Goods in our website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
Acceptance of your order. A Contract will be formed for the goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.
Price & Payment
Where to find the price of the product. The price of the goods (including taxes) and any additional delivery or other charges is that set out on the Website at the date we accept the Order or such other price as we may agree in writing.
When will payment be taken? You must pay by submitting your credit details during the website checkout process or via alternative payment method such as Apple Pay, Shop Pay, or Google Pay. Payment is taken at the moment you place the order.
What happens if we get the price wrong? It is possible, from time to time, that some of the products we sell may be incorrectly priced. If we accept and process your order where a pricing error is present and could reasonably have been recognised by you as being incorrect, we may end the contract. We will refund any sums you have paid and require the return of the products provided to you.
Shipping Policies
Delivery Destination. Please refer to the “Shipping Policy” and “Return Policy” page on the website for further details about which countries we ship to.
When will we provide the products? The delivery time will vary depending on the shipping method chosen during checkout. Please refer to the ”Shipping Policy” page on the website for further information about expected delivery times.
Refund & Returns Policy
Please refer to our “Return Policy” page on the website for further details about our Return & Refund Policies.
Loss or Damage to Goods
Our responsibility to you for foreseeable loss and damage caused by us. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation. We are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
Condition of Goods Upon delivery, the Goods will:
- be of satisfactory quality;
- be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
- conform to their description.
Origin of failure. It is not a failure to conform if the failure has its origin in your materials.
We are not liable for business losses. We only supply the products for private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Complaints
Any complaints about items or FASHIONAVIV E-COMMERCE INC. should be submitted to our support team. Please email: contact@fashionaviv.com. There is no guarantee of a resolution. Each case will be looked at individually and the our support team will be in touch.
Legalities
The FASHIONAVIV E-COMMERCE INC. is not responsible for any health or safety concerns once the buyer has received the goods or services. If any harm is incurred from the items purchased by the buyer, the FASHIONAVIV E-COMMERCE INC. shares no responsibility.
Any dispute arising out of such use of the website is subject to the laws of Canada.
These billing terms and conditions are subject to change.
Your use of this website and placement of an order indicates you are in agreement with these billing terms and conditions.