TERMS AND CONDITIONS
By purchasing clothing, accessories, and other goods ("goods") from the FS Exclusive website (the "website"), you are agreeing to the terms and conditions outlined in this agreement. The website is operated by FS Exclusive, and throughout the site, the terms "we," "us," and "our" refer to FS Exclusive. We provide this website, including all its information, tools, and services, to you as the user, on the condition that you accept all the terms, conditions, policies, and notices outlined in this agreement.
Please read these terms and conditions carefully before making any purchases from the website, as they form a legally binding contract between you and FS Exclusive. Your acceptance of these terms and conditions is given when you purchase goods from us.
We reserve the right to change the terms and conditions under which the website and the goods are provided at any time. Any such changes will become effective for all new orders once they are included in the text of these terms and conditions and published on the website. You should check the terms and conditions posted on the website periodically to ensure that you are aware of and comply with the current version.
If you have any questions about the terms and conditions, the goods, or the website, please contact us.
Lastly, the Agreement and these conditions shall be governed by and construed in accordance with the law of UK.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you confirm that you are of legal age to enter into a binding contract in the state or province in which you reside, or that you are of legal age and have obtained the consent of your parent or legal guardian to allow any minor dependents to use this site. You also agree to not use our products for any illegal or unauthorized purposes, and to comply with all applicable laws in your jurisdiction, including but not limited to copyright laws. You are also prohibited from transmitting any harmful code, such as worms or viruses, through the use of our services. Any violation of these terms will result in the immediate termination of your access to our services.
GENERAL CONDITIONS
We reserve the right to deny service to anyone for any reason at any time.
You acknowledge that your content (excluding credit card information), may be transferred unencrypted and may involve the transmission over various networks and the adaptation to technical requirements of connecting networks or devices. You should be aware that 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 the express written permission from us.
The headings used in this agreement are for convenience only and will not limit or affect these Terms in any way.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We do not take responsibility for any inaccuracies, incompleteness, or outdated information found on this site. The information provided on this site is for general reference only, and should not be the sole basis for making decisions without consulting more accurate, complete, and current sources of information. Any use of the information on this site is done so at your own risk.
This site may contain historical information. Please note that historical information is not current and is provided for reference only. We reserve the right to modify the contents of this site at any time, but are under no obligation to update any information on the site. You acknowledge that it is your responsibility to monitor changes to the site.
MODIFICATIONS TO THE SERVICE AND PRICES
The prices for our products may change without any prior notice.
We reserve the right to make changes to or discontinue the service (or any part of it) at any time and without notice.
We will not be held liable for any modifications, price changes, suspensions, or discontinuation of the service to you or any third party.
PRODUCT OR SERVICE
Products or services (if applicable) available on the website may be limited and subject to return or exchange as per our return policy. We have made efforts to display the colours and images of our products as accurately as possible, but we cannot guarantee that your computer monitor display of any colour will be accurate. Keep in mind that buying clothing and accessories online may differ from in-store shopping experiences, and you acknowledge the following:
-Colours displayed on the website may depend on various factors, including your display settings
-All sizes and measurements are approximate
-All products are subject to availability and we may not be able to fulfil your order
-Estimated delivery times provided on the website or by email are approximate
-Products and promotions offered on the website may not be available in-store and vice-versa
We reserve the right to limit the sales of our products or services to any person, geographic region or jurisdiction. We reserve the right to limit quantities of any products or services that we offer, and the descriptions and pricing of products or services are subject to change without notice at our sole discretion. We reserve the right to discontinue any product at any time, and any offer of any product or service is void where prohibited.
We do not guarantee that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to decline any order placed with us. We may, at our discretion, limit or cancel quantities purchased per individual, 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 case of changes or cancellation of an order, we may try to notify you by contacting the email and/or billing address/phone number provided at the time of order placement. We also reserve the right to limit or prohibit orders that appear, in our sole discretion, to be placed by dealers, resellers, or distributors.
You are responsible to ensure the purchase and account information provided at the time of the order is current, complete, and accurate. You should promptly update your account information, including your email address and credit card numbers and expiration dates, to ensure successful completion of transactions and communication.
For more details, please refer to our return policy.
OPTIONAL TOOLS
We may provide you with access to third-party tools that we do not monitor or have control over. By using these tools, you acknowledge and agree that we provide access to them "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We will not be held liable for any issues arising from or related to your use of these optional third-party tools.
Your use of any optional tools provided through the site is at your own risk and discretion, and it is your responsibility to familiarize yourself with and approve of the terms of use provided by the relevant third-party provider(s).
In the future, we may also offer new services and/or features through the website, such as the release of new tools and resources. These new features and services will also be subject to these Terms of Service.
THIRD-PARTY LINKS
Some content, products and services available through our Service may include materials from third parties.
There may be third-party links on this site that will redirect you to websites not associated with us. We are not responsible for evaluating the content or accuracy of these third-party sites and we will not have any liability or responsibility for any third-party materials, websites, products, or services.
We are not responsible for any harm or damage arising from the purchase or use of goods, services, resources, content, or any other transactions made with third-party websites. We recommend that you carefully review the third-party policies and practices before engaging in any transaction and contact them directly for any complaints, claims, concerns or questions regarding their products.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send specific submissions such as contest entries, or if you send creative ideas, suggestions, proposals, plans, or other materials to us without our request (collectively referred to as "comments"), you agree that we have the right to use, edit, copy, publish, distribute, translate, and utilize these comments in any medium without any restriction.
We are not obligated to maintain the confidentiality of any comments, pay compensation for any comments, or respond to any comments. We may, but are not obligated to, monitor, edit, or remove any content that we deem in our sole discretion to be illegal, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable or in violation of any intellectual property or these Terms of Service.
You guarantee that your comments do not violate any rights of third-party including copyright, trademark, privacy, personality or other personal or proprietary rights. You further guarantee that your comments do not contain libellous or otherwise illegal, abusive, or obscene material, or contain any computer virus or other malware that could negatively impact the operation of the Service or any related website.
You must not use a false email address, pretend to be someone else, or deceive us or any third-parties about the origin of any comments. You are solely responsible for any comments you make and their accuracy. We will not be held responsible or liable for any comments posted by you or any third-party.
PERSONAL INFORMATION
By submitting personal information through our store, you are agreeing to our Privacy Policy.
Additionally, you are also agreeing to our SMS/MMS Mobile Message Marketing Program Terms and Conditions. FS Exclusive (referred to as "we", "us", "our") is offering a mobile messaging program (the "Program") which you agree to use and participate in, subject to the Agreement. We reserve the right to modify or cancel the Program or any of its features without notice. This Agreement applies specifically to the Program and is not intended to modify other terms and conditions or Privacy Policy that may govern the relationship between you and us in other contexts. We may also modify this Agreement at any time and continued use of the program following changes constitutes acceptance of those changes.
The Program allows users to receive SMS/MMS mobile messages by opting-in, such as through online subscription forms. You agree to receive automated marketing text messages as a condition of purchasing any goods or services. Regardless of the opt-in method, you agree that this Agreement applies to your participation in the Program. If you have opted-in, the Program provides updates, alerts, information, promotions, specials, and other marketing offers (e.g., product discounts) from FS Exclusive via text messages through your wireless provider to the mobile number you provided. SMS/MMS mobile messages may be sent using an automated telephone dialling system or other technology. Message frequency varies. You are responsible for all charges and fees associated with text messaging imposed by your wireless provider.
ERRORS, INACCURACIES AND OMISSIONS
We may occasionally have inaccuracies in the information on our website or in the service, such as errors in product descriptions, pricing, promotions, shipping charges, transit times and availability. We reserve the right to correct any of these errors and update or change the information at any time without notice. We do not have an obligation to update, modify or clarify information on the website or service, unless it is required by law. Also, please note that the absence of a specified date of update or refresh on the site should not be taken as an indication that all the information on the site has been modified or updated.
PROHIBITED USES
In addition to the other restrictions specified in the Terms of Service, you are prohibited from using the site or its content for any of the following purposes:
(a) engaging in any illegal activity or promoting illegal activity;
(b) soliciting others to participate in illegal activity;
(c) violating any federal, state, or local regulations, rules, laws, or ordinances;
(d) infringing upon or violating the intellectual property rights of us or others;
(e) using language or taking any actions that may be considered as harassment, abuse, insult, harm, defamation, slander, intimidation, or discrimination based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) providing false or misleading information;
(g) uploading or transmitting viruses or other types of malicious code that may harm the functionality or operation of the service or any related website, other websites or the internet;
(h) collecting or tracking personal information of others;
(i) participating in unwanted or unsolicited communication (e.g. spam, phishing, scraping);
(j) engaging in obscene or immoral activities; or
(k) attempting to bypass or interfere with the security 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 if you engage in any of these prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
The service and any products or services provided through it are provided as is, without any guarantees or representations of any kind. We do not guarantee that the service will be uninterrupted, timely, secure, or error-free. We also do not warrant the accuracy or reliability of any results obtained through the use of the service. You understand that we reserve the right to remove the service or cancel it at any time, without notice. Your use of the service is at your own risk, and we will not be liable for any damages of any kind arising from its use, including but not limited to direct, indirect, incidental, punitive, or consequential damages, loss of profits, revenue, savings, data, or replacement costs, whether based in contract, tort, or any other legal theory, even if we were advised of the possibility of such damages. Our liability is limited to the fullest extent allowed by law in states or jurisdictions where such limitations on liability are permitted.
INDEMNIFICATION
You will be held responsible for and agree to compensate, defend, and protect Amy Ransom and all of its related entities, such as its parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any and all claims, demands, or legal fees that may arise from any violations of these terms of service, or from any violations of laws or the rights of any third parties, that may occur as a result of your actions.
SEVERABILITY
If any part of these Terms of Service is deemed to be illegal, void or unenforceable, it will still be enforced to the fullest extent possible by the applicable law. However, that specific provision will be separated from the rest of the Terms of Service. This will not affect the validity or enforceability of any other parts of the agreement.
TERMINATION
If either party terminates these terms of service, the obligations and liabilities of the parties that were incurred before the termination date will still apply. These terms of service will remain in effect until they are terminated by either you or us. You may end these terms of service at any time by informing us that you no longer wish to use our services or by ceasing to use our website. If we determine that you have not followed the terms of service, we reserve the right to terminate the agreement without notice and you will be held responsible for any outstanding obligations until the date of termination. We may also deny you access to our services.
ENTIRE AGREEMENT
The absence of enforcement or exercise of any right or provision stated in these Terms of Service shall not be interpreted as a relinquishment of such right or provision.
The terms and conditions outlined in these Terms of Service, along with any additional guidelines or rules provided on our website or regarding the Service, constitute the entirety of the agreement between you and us. It supersedes any previous agreements, understandings, or communication whether verbal or written, regarding the use of our Service.
Any uncertainty in the interpretation of these Terms of Service will not be interpreted in favour of the party that drafted them.
GOVERNING LAW
The laws of United Kingdom and Malaysia shall govern and be applied to the interpretation and enforcement of these Terms of Service and any separate agreements for the provision of services, depending on the country of selection.
CHANGES TO TERMS OF SERVICE
You can always view the most recent version of the Terms of Service on our website. We reserve the right to make modifications or updates to these terms at our discretion and without prior notice. It is your responsibility to regularly check our website for any changes. Your continued use of our website or service after any updates to the Terms of Service implies that you accept and agree to the changes.
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