Terms and Conditions of Business
1.1 We reserve the right for reasons of continuous improvement, to make changes to the items shown on this website. In order for us to update and improve our range, we reserve the right to remove selected styles from time to time.
1.2 We do our best to limit variations in color, but due to technical constraints, there may be differences in color between our products and the images of them on the website. There may also be minor variations in color between different batches of the same products.
2. Delivery and Shipping.
Please see our Order Terms for information on delivery and shipping.
3. Prices and Fees.
Please see our Order Terms for information on prices and fees.
4. Risk of Loss.
The risk of loss of the goods passes to you when the goods are delivered to you.
Title to any particular goods purchased by you through the website passes to you when we receive payment in full for the particular goods.
6. Force Majeure.
Where we are unable to perform due to any circumstances beyond our control, we will notify you as soon as is reasonably possible. In such event, we may suspend performance while those circumstances subsist, and, subject to Section 7 below, any agreed date or period for delivery shall be regarded as extended accordingly.
7. Suspension and Cancellation.
If any period of suspension of performance under Section 6 above lasts for more than 8 weeks, either you or we may cancel the order by written notice without penalty.
8. Warranty Disclaimer; Limitation on Liability
8.1 EXCEPT AS EXPRESSLY PROVIDED IN THE GARMENT CARE & WARRANTY HOTLINK GARMENT THE PRODUCTS SOLD THROUGH THIS WEBSITE ARE SOLD "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE.
8.2 Except as expressly provided in items 5 and 6 of the paragraph on "Delivery and Shipping" in our Order Terms and in our Garment Care & Warranty. WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS, EXPENSE OR DAMAGE, WHETHER DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS). Our liability for (i) goods damaged in transit as described in item 6 of the paragraph on "Delivery and Shipping" in our Order Terms and (ii) a breach of our product warranty as described in our Garment Care and Warranty is expressly limited to the purchase price paid for the particular product(s) in question.
8.3 Nothing in these Terms and Conditions affects our liability for death or personal injury resulting from our own negligence.
8.4 Notwithstanding the foregoing, where you accept or have been deemed to have accepted any goods as provided in item 6 of the paragraph on "Delivery and Shipping" in our Order Terms, in our Garment Care and Warranty and in Section 9 below, then we shall have no liability whatever to you in respect of those goods.
9.1 Claims related to damage to goods in transit, delivery of an incorrect (e.g., wrong size, wrong style, etc.) or incomplete order, or defects in goods upon receipt, must be submitted in writing to us within 14 days of the date of receipt. If no written notice is received within the 14-day period, the goods shall be deemed to have been accepted by you as conforming.
9.2 Claims related to a breach of the product warranty provided in our Garment Care and Warranty must be submitted in writing to us prior to the date that is 12 months from the date of receipt of the product in question. If not written notice is received with such 12-month period, the goods shall be deemed to have conformed with such warranty.
10. Care instructions.
All garments are labeled with clear care instructions and there are additional care instructions in our Garment Care and Warranty. If you or your staff or laundry service appointed by you do not follow those instructions accurately, we will not be held liable for deterioration in the quality or life of garments resulting from this lack of care.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida without reference to its conflicts of law rules.
You agree that any action at law or in equity (other than one in which preliminary or interim injunctive relief is sought) arising out of or relating to these Terms and Conditions shall be settled by arbitration to be held in Broward County, Florida, administered by the American Arbitration Association (the "AAA") in accordance with its Commercial Arbitration Rules, except as provided herein, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereover. However, nothing herein shall in any way limit your or our statutory rights and/or remedies, all of which are reserved and may be alleged in the arbitration process. At the conclusion of the arbitration, such arbitrator shall render a "reasoned" written decision, including the arbitrator's findings and the facts and law upon which the award is based. Consistent with the expedited nature of arbitration, you and we will, upon the written request of the other, promptly provide the other with copies of documents relevant to the issues raised by any claim or counterclaim. Both you and we shall have the right to serve subpoenas upon third parties for the production of documents. Both you and we shall have the right to take depositions of parties and non-parties. Any dispute regarding discovery, or the relevance or scope thereof, shall be determined by the arbitrator, which determination shall be conclusive. You and we shall each bear your and our own costs and expenses of arbitration. All forum fees and expenses, including the arbitrators' fees, shall be shared equally by you and us, and shall not be assessed against either you or us as part of an award.
In the event, and solely in such event, that arbitration of a dispute hereunder is prohibited by law, you agree that the action shall be filed, and that venue properly lies, exclusively in state court located in Broward County, Florida or in the United States District Court for the Southern District of Florida, and you hereby consent and submit to the personal jurisdiction of such courts. You agree to waive the defense of an inconvenient forum with respect thereto.
You agree that any action in which temporary or permanent injunctive relief is sought shall be brought exclusively in either state court in Broward County, Florida, or in the United States District Court for the Southern District of Florida, and you hereby consent and submit to the personal jurisdiction of such courts. You agree to waive the defense of an inconvenient forum with respect thereto.
YOU HEREBY ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT, WHETHER A DISPUTE IS RESOLVED BY ARBITRATION OR BY RECOURSE TO A COURT AS SPECIFIED ABOVE, YOU WAIVE THE RIGHT TO HAVE THE DISPUTE HEARD OR DECIDED BY A JURY.
12. Secure Payments
Fashionizer Spa uses third-party vendor First Data to authenticate and process credit/debit card payments. First Data advises its customers that it is audited by an independent company to ensure that it is up-to-date with the latest encryption and security standards and that it complies with the stringent standards set out by credit card companies.