Terms & Conditions
Last updated May 12- 2024.
Please read the following prior to your use.
Welcome to our website!!!
Welcome to Fashion with Heart website – www.fwithh.com These terms and conditions (“Terms and Conditions”) apply to the Site, and all of its divisions, subsidiaries, and affiliate operated Internet sites, which reference these Terms and Conditions. This website is owned and operated by Fashion with Heart. Throughout the site, the terms (“Fashion with Heart”, “us”, “we”, or “our”) offers an online fashion marketplace through this website www.fwithh.com (the “Service”.)
These Terms of Service (“Terms”) are provided to guide your use of and relationship with our Site, web pages, platforms, applications, products and services. In these Terms, you may be addressed as “you”, “your” or “User”. The rules that follow are really important and form part of the Terms and Conditions of Service (“Terms”). If you don’t agree with these rules or any other portion of the Terms, please don’t use the Service.
Fashion with Heart offers this website, including all information regarding our online Fashion marketplace, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. Fashion with Heart a company registered in United States and operating within the ambit of the laws of the United States.
We may amend these Terms at any time by posting revised Terms on the Site and/or sending you Notice of the same to the email address associated with your Account, as defined herein. Each revised version will state its effective date, which will be on or after the date on which it is posted or sent. Your continued use of the Services after the effective date constitutes your acceptance of the revised Terms.
You understand that by using Services, you agree to be bound by these Terms, including any and all of your warranties and representations contained herein. If you do not accept these Terms in their entirety, you may not access or use the Services. If you agree to these Terms on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that event, “you” and “your” will refer and apply to that entity.
“Account” means collectively the personal information, Cookies data and credentials used by users to access content and / or any communications System on the website.
“Account Settings” means an individual User’s settings with regard to the Services including, without limitation, contact information, marketplace, and product, good and service costs, as applicable.
“Carrier” means any third party responsible for transporting purchased goods from our premises to customers.
“Content” means any text, graphic, image, audio, video, software, data compilation, and any other information capable of being stored in a computer that appears on or forms part of this website.
“Goods” means any products that Fashion with Heart advertises and / or makes available for sale through this website.
“Fashion with Heart” means Fashion with Heart Market at 3132 Woods Cir, Davis, CA 95616
“Services” means, collectively any online facilities, tools, services or information that Fashion with Heart Market makes available through the website either now or in the future.
“Payment information” means any details required for the purchase of goods from this website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes
“Purchase information” means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form.
“System” means any online communications infrastructure that Fashion with Heart Market makes available through the website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links.
“user” or “users” means any third party that accesses the website and is not employed by Fashion with Heart Market and acting in the course of their employment.
“Website” means the website that you are currently using (www.fwthh.com) and any sub-domains of this site (e.g., blog.fwthh.com) unless expressly excluded by their own terms and conditions
“Advertiser” means any User that uses the Services to purchase our products.
“Fashion with Heart” means References to “us” “we,” or “our” means “Fashion with Heart ”, including any and all subsidiaries parent companies, joint ventures, and other corporate entities under common ownership and/or any of their agents, consultants, employees, officers, and directors. Fashion with Heart does not include affiliates or third parties (analytics or ad tech companies, or similar organizations).
“Booking Form” means the form, either in hard copy or electronic (i.e., on our website) where Fashion with Heart or the Customer completes with the Customer’s information and details for an order or booking;
“Cancellation Policy” means Fashion with Heart ’s discretionary cancellation policy, which can be viewed on our website.
“Dispute” means any controversy related to this agreement, including without limitation claims arising out of or relating to any aspect of the relationship between you and Fashion with Heart , claims that arose before this agreement, and claims that may arise after the termination of this agreement; however, this does not include claims related to or arising from the enforcement or protection of Intellectual Property Rights, and is subject to any applicable statutory consumer rights laws in your local jurisdiction.
“Intellectual Property Rights” means, any and all right, title, and interest of every kind whatsoever, whether now known or unknown, in and to patents, trade secret rights, copyrights, trademarks, service marks, trade dress and similar rights of any type under the laws of any governmental authority, including, without limitation, all applications and registrations relating to the foregoing.
“Notice” means a delivered writing by e-mail, courier, or by Express delivery to the other party at their respective address and will be effective upon receipt.
“Prohibited Advertisers” means any company that may be reasonably classified as a “multi-level marketing company” or any company that creates, produces, or distributes adware, malware, spyware, or any other software that may reasonably be classified as a “potentially unwanted program” or “PUA.”
“Privacy Policy” means “Fashion with Heart” policy regarding privacy, which also governs your use of the Services and is incorporated herein by reference. The current version is available on our website.
“Protected Content” means all non-User Generated Content included as part of the Services, including, but not limited to, text, graphics, logos, images, as well as the compilation thereof, the look and feel of the Services, including, without limitation, the text, graphics, code, and other materials contained therein.
“Third Party Payment Processor” means any third-party payments application, including but not limited to, Discover, America Express, Mastercard Visa Google Pay and PayPal that Fashion with Heart uses to process and distribute User payments in connection with the Services.
“Terms of Service” or (“Terms”) means any and all terms, conditions, obligations, covenants, representations, and warranties contained herein.
Fashion with Heart is an online market for different kinds of fashion wears for men, women, kid and unisex.
We offer different kind of fashion like Jewelries, Bags, Eco-friendly clothes, cultural clothes, sport, active-wear clothes, and accessories.
You must not misuse this Site. You shall not commit or encourage a criminal offense, transmit or distribute a virus including but not limited to Trojan horse, worm, logic bomb, or post any other material on the Site which is malicious, technologically harmful, in breach of confidence, or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, or attempt to affect the performance or functionality of any computer facilities of or accessed throughout the Site. Any breach of this provision would constitute an offense under the Computer Misuse Act 1990. In the event such a breach occurs, Fashion with Heart will report the violation to the relevant law enforcement authorities, and appropriate legal action will be taken.
Our Services may contain links to third party websites not under our ownership or control. We are not responsible for the content, privacy policies, or practices of any third-party websites and you relieve Fashion with Heart from any and all liability arising from your use of a third-party website.
Fashion with Heart and all related names, logos, service names, designs and slogans are trademarks of Fashion with Heart or its affiliates or licensors. You may not use these marks without our written permission. All other names, logos, service names, designs and slogans on this website are the trademarks of their respective owners. This website and its features, functionality (Content, trademarks, service marks and logos) are owned by, or if not owned licensed to, Fashion with Heart and are subject to copyright, trademark, patent, trade-secret and other intellectual property, or proprietary rights under the law. You may only use these as directed, to the extent directed. If you have any questions, please contact us.
You have our permission to use Services as outlined in these Terms provided that:
You agree not to alter or modify any part of a Service or any copyright, trademark or other proprietary notices appearing in a Service.
You agree not to use the Service for commercial uses unless you obtain our prior written approval.
You agree not to use, or launch, an automated system that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. This includes, but isn’t limited to, “robots,” “spiders,” or “offline readers.”
You agree not to collect or harvest any personally identifiable information from the Service (e.g., account names from comments or email) or to use a Service’s Content or communication systems for solicitation purposes.
You don’t introduce viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful. And you do not attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of this website, the server on which the website is stored, or any server, computer or database connected to the website.
You don’t engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Services, or which, as determined by us, may harm us or users of our Services.
All descriptions, images, references, content, specifications, products, and prices depicted are subject to change at any time without notice. Color, texture, and other descriptions are approximate and are for convenience purposes only. We have made every effort to display as accurately as possible the colors and images of products but cannot guarantee your monitor’s display of any color will be accurate.
Because of supply and demand we cannot guarantee all products or services shown will be available. Fashion with Heart reserves the right, with or without prior notice, to do any one or more of the following: (i) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (ii) bar a user from making or completing a transaction or transaction(s); and (iii) refuse to provide a user with a product or service
Payment for all products purchased through our Site must be by credit, debit card or PayPal, Amex, Discovery, and other options. We reserve the right to withhold payment or charge back to your account any amounts otherwise due to us under these Terms or amounts due because of your breach of these Terms.
All information you provide in connection with a purchase or transaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card or debit card used in connection with a purchase or transaction with a Service at the prices in effect when such charges are incurred. If you dispute any payment, you must notify us in writing within thirty (30) days of making the payment. Failure to inform you within this time period or in writing will result in your waiver of any claim relating to the disputed amount.
This website may contain message boards, profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit (hereinafter, “post”) listings, messages, pictures, text, or content (collectively, “Content”) on or through the website.
You are solely responsible for the Content you post, along with the consequences of submitting and publishing Content. You represent and warrant (promise) you own all rights, consents, and permissions to post Content you submit; and if you don’t own these rights that you’ve obtained them from the legal owner.
You hereby give Fashion with Heart a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, modify, prepare derivative works of, display and perform your Content in connection with this website and/or Fashion with Heart business. You also grant each user of the Service a non-exclusive license to access your Content.
To be clear, the license you’ve agreed to above does not transfer ownership. It allows us to do things like highlight your listing on our homepage, promote the website and its Services, repurpose part or all of the Service in other media formats and otherwise carry out business in a way that allows users to benefit from being a part of our site. However, you may revoke the rights granted above at any time in a writing sent to us at info@fwithh.com or Cor by deleting your account. Do keep in mind, though your Content may be removed from our Services we can’t guarantee Content will be removed from the Internet.
By connecting a Service with a third-party service, like a social media service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials from that service.
You may not use Interactive Services for (or post Content or other material that):
Is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable, promotes sexually explicit or pornographic material, Violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age,
Infringes any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person,
Violates the legal rights of others, contains material that could give rise to any civil or criminal liability or that otherwise conflicts with these Terms or our Privacy Policy,
Violates applicable local, national, or international laws and regulations,
Is likely to deceive any person,
Promotes any illegal activity, or advocates, promotes or assists in any unlawful act,
Causes annoyance, inconvenience or needless anxiety or likely to upset, embarrass, alarm or annoy any other person,
Impersonates any person, or misrepresents your identity or affiliation with any person or organization,
YOU AGREE YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FASHION WITH HEART DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE OF THE SERVICES. FASHION WITH HEART ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, OMISSIONS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE (OF ANY NATURE) RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED ON THEM, (IV) ANY INTERRUPTION OF OUR SERVICES, OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY. FASHION WITH HEART DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY ITEM LISTED, ANY SERVICES FEATURED IN ANY BANNER OR OTHER ADVERTISING. FASHION WITH HEART WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR MONITORING, ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES SO PLEASE USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL FASHION WITH HEART BE LIABLE TO YOU FOR DAMAGES (THIS INCLUDES DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES) RESULTING FROM (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM ACCESS TO OR USE OF SERVICES, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OF OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS, OMISSIONS, INACCURACIES OR MISTAKES IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND THAT RESULTS FROM YOUR USE OF ANY CONTENT MADE AVAILABLE VIA THE SERVICES. THIS LIMITATION APPLIES WHETHER OR NOT A CLAIM IS BASED ON A THEORY OF WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT THE COMPANY IS AWARE SUCH DAMAGES ARE POSSIBLE. HOWEVER, THE FOREGOING LIMITATION APPLIES ONLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, THE CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Fashion with Heart its owners, operators, affiliates, and each of its or their directors, employees, licensors, licensees, service providers, successors, permitted assignees and agents (individually and collectively “Fashion with Heart ”) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising or resulting from: (i) your use of and access to a Service; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any intellectual property right or privacy right; or (iv) any claim that your Content caused damage to a third party. To be clear, this obligation to indemnify, defend and hold us harmless will survive these Terms and your use of the applicable Service(s).
In the event the parties are not able to resolve any Dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such Dispute must be resolved solely by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the United States Arbitration Association, in a location mutually agreed upon by the parties. If the parties cannot agree on a location, the arbitration will be conducted telephonically. The arbitrator’s award will be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party will be entitled to recover its costs and reasonable attorney’s fees.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Fashion with Heart as a result of these Terms or use of the Services.
Fashion with Heart performance of the obligations described herein is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Fashion with Heart right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Fashion with Heart with respect to such use.
These Terms are non-transferable, and you may not assign your rights and obligations under these Terms without the express written consent of Fashion with Heart.
You hereby consent to the jurisdiction of the United States and agree that its laws will be used to resolve all disputes arising from or concerning these Terms.
The Site shall be governed by the laws of the United States, including federal copyright and trademark laws, and the laws of the state of United State applicable to contracts entered into and to be wholly performed therein without regard to conflict of laws or choice of law principles. By visiting and using the Site, you consent to the jurisdiction of the courts presiding in the United States and you agree to accept service of process by mail. Any action based on a breach of any provision of these Terms & Conditions shall be brought exclusively in the federal or local courts presiding in United States. You hereby waive any and all jurisdictional and venue defenses that might otherwise be available
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Territory and the parties agree to submit to the exclusive jurisdiction of the courts of the Territory.
This Agreement represents the entire understanding between you and us and you agree to comply with it in its entirety. By accessing and continuing using the site, you signify your Agreement to be bound by the Terms of Use.
These Terms, and any rights and licenses granted hereunder, may not be transferred, or assigned by you but may be assigned by us without restriction. Any attempt by you to assign that is not consented to will be considered null and void.
Fraud Protection. We may screen purchases or listings for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized, or illegal activity, we may reject the order or we may contact you at the phone number or email address you provided to confirm. We also reserve the right to cancel any accounts due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
You agree: These Terms are governed by the laws of the United States, without respect to its conflict of laws principles. Any claim or dispute between you and us that arises (in whole or in part) from the Service will be decided exclusively by a court of competent jurisdiction located in United States and you hereby waive the ability to assert otherwise. These Terms, together with the Privacy Policy at [www.Fashion with Heart /privacy policy] and any sites or guidelines referenced here, or other legal notices published by Fashion with Heart on a Service, constitute the entire agreement between you and Fashion with Heart concerning a Service. If any provision in these Terms is deemed invalid by a court of competent jurisdiction, its invalidity will not affect the validity of the remaining provisions, which remain in full force and effect. No waiver by Fashion with Heart of any term or condition set forth in these Terms shall be considered a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Fashion with Heart to assert a right or provision under these Terms does not constitute a waiver of such right or provision that precludes us from enforcing at a later date.
Please get in touch with us at info@fwithh.com or the Contact Us page, and we will always use reasonable effort to look at any issues promptly and promptly.