Fashionkind, LLC Terms

Thanks for shopping at Fashionkind™. We appreciate that you want to support our efforts to identify suppliers who are working in various ways to combat human or environmental conditions throughout the world.  Thanks for wanting to change more than your outfit™!

As with any shopping experience, there are terms and conditions that apply to transactions at Fashionkind, whether you’re on the Fashionkind Website or on the phone with Fashionkind representatives (the website and phone shopping will together be called “Fashionkind” in this policy).  By placing an order or making a purchase at Fashionkind, you agree to the terms set forth below, including Fashionkind’s Privacy Policy and Terms of Use.
 
1.  Order Acceptance/Confirmation For Online and Phone Purchases
Once we receive your order, we’ll provide you with an email order confirmation. Your receipt of an order confirmation, however, does not signify Fashionkind's acceptance of your order, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order. Truthfully, some products are in short supply or may be hand made with long lead times if we run out.  So, once your order is received we need to check inventory for size, color, etc.  We will let you know right away if there will be a delay in filling your order, and our best estimate of when we can.
Fashionkind reserves the right at any time after receiving your order to accept or decline your order for any reason. If Fashionkind cancels an order after you have already been billed, Fashionkind will refund the billed amount.


2.  Shipping & Delivery
Please review your order to learn about how and when you will receive the products you purchased from the Fashionkind. Since the actual delivery of your order can be impacted by many events beyond Fashionkind's control once it leaves our facilities, Fashionkind cannot be held liable for late deliveries. We will, however, work with you to ensure a smooth delivery.

3.  Returns
We want you to be thrilled with the products you purchase from Fashionkind. We understand, however, that sometimes the size or color of a product may not be the right, or the product may not be what you expected. In that unlikely event, we invite you to review the following terms related to returning a product.

You may return your undamaged, unused Fashionkind product within 14 calendar days of receipt for a full refund. Simply return it with the original receipt and original packaging within 14 days of the date you receive the product. If the item is returned within this timeframe, we’ll exchange it or offer a refund check based upon the original payment amount.  


4.  Our Descriptions of Products and Suppliers' Good Causes Come From Our Suppliers

We qualify our suppliers to have their products featured on Fashionkind by learning what they make, sometimes what materials they use (such as repurposed or recycled materials), and, if applicable, what the supplier is doing with some of the proceeds their product sales in order to combat human or environmental problems.  We then write a short piece for our website and social media to let you and others know what we have learned about a supplier or its products.  We only know what we have been told, however, and cannot independently verify what they have told us.  Instead, we must rely upon the suppliers' statements and product descriptions provided to us. We cannot make any promise or warranty that the information the suppliers provide to us is complete or accurate, or otherwise be liable for them.  However, our suppliers know that they would no longer be featured on Fashionkind were we to find out that important statements or product descriptions were inaccurate or incomplete, and we trust that this is an important deterrent.

5.  Fashionkind Privacy Policy

 

Fashionkind respects your privacy and will protect it with strong encryption, plus strict policies that govern how all data is handled.

 

Security and privacy are fundamental to the design of our website and services. We believe in telling you up front exactly what’s going to happen to your personal information and asking for your permission before you share it with us. And if you change your mind later, we make it easy to stop sharing with us. When we do ask to use your data, it’s to provide you with a better user experience.

 

In this Section we will explain how we handle your personal information, what we do and don’t collect, and why. We’re going to make sure you get updates here about privacy at Fashionkind at least once a year and whenever there are significant changes to our policies.

 

Our sole focus is to sell amazing products in a way that makes a difference in the world. We don’t build a profile based on your email content or web browsing habits to sell to advertisers. We don’t sell or transfer the information you provide or store.

 

Our commitment to protecting your privacy comes from our own values about privacy respecting you.

 

6.  Ownership of Site; Agreement to Terms of Use

 

These Terms and Conditions of Use (the “Terms of Use”) apply to the Fashionkind web site located at www.Fashionkind.com, and all social media and associated sites linked to www.Fashionkind.com by Fashionkind, or its affiliates (collectively, the “Site”). The Site is the property of Fashionkind, LLC. (“Fashionkind”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

 

Fashionkind reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Fashionkind grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

 

(a)  Content

 

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Fashionkind, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

 

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Fashionkind’s express prior written consent.

 

You may use information on Fashionkind products and services (such as product data sheets, knowledge based articles, and similar materials) purposely made available by Fashionkind for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

 

(b)  Your Use of the Site

 

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Fashionkind reserves the right to bar any such activity.

 

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Fashionkind server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

 

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Fashionkind, including any Fashionkind account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

 

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Fashionkind’s systems or networks, or any systems or networks connected to the Site or to Fashionkind.

 

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

 

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Fashionkind on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

 

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Fashionkind or others.

 

(c)  Other Terms and Conditions

 

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

 

 

Fashionkind may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Fashionkind makes no commitment to update the materials on the Site with respect to such products and services.

 

(d)  Accounts, Passwords and Security

 

Certain features or services offered on or through the Site may require you to open an account (including setting up an Fashionkind ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Fashionkind immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Fashionkind or any other user of or visitor to the Site due to someone else using your Fashionkind ID, password or account as a result of your failing to keep your account information secure and confidential.

 

You may not use anyone else’s Fashionkind ID, password or account at any time without the express permission and consent of the holder of that Fashionkind ID, password or account. Fashionkind cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

 

(e)  Privacy in Using the Site

 

Fashionkind’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Fashionkind’s Privacy Policy, see above. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

 

(f)  Links to Other Sites and to the Fashionkind Site

 

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Fashionkind’s control, and Fashionkind is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

 

(g)  Disclaimers

 

FASHIONKIND DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.   FASHIONKIND CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. FASHIONKIND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FASHIONKIND DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY FASHIONKIND PRODUCTS OR SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST FASHIONKIND FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

 

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

 

Fashionkind reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

 

(h)  Limitation of Liability

 

Except where prohibited by law, in no event will Fashionkind be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Fashionkind has been advised of the possibility of such damages.

 

If, notwithstanding the other provisions of these Terms of Use, Fashionkind is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Fashionkind’s liability shall in no event exceed the amount of US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

 

(i)  Indemnity

 

You agree to indemnify, defend and hold Fashionkind, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Fashionkind by any third party due to or arising out of or in connection with your use of the Site.

 

(i)  Violation of These Terms of Use

 

Fashionkind may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Fashionkind’s rights or property, or the rights or property of visitors to or users of the Site, including Fashionkind’s customers. Fashionkind reserves the right at all times to disclose any information that Fashionkind deems necessary to comply with any applicable law, regulation, legal process or governmental request. Fashionkind also may disclose your information when Fashionkind determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

 

You acknowledge and agree that Fashionkind may preserve any transmittal or communication by you with Fashionkind through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Fashionkind determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Fashionkind, its employees, users of or visitors to the Site, and the public.

 

You agree that Fashionkind may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Fashionkind, for which monetary damages would be inadequate, and you consent to Fashionkind obtaining any injunctive or equitable relief that Fashionkind deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Fashionkind may have at law or in equity.

 

You agree that Fashionkind may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

 

If Fashionkind does take any legal action against you as a result of your violation of these Terms of Use, Fashionkind will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Fashionkind. You agree that Fashionkind will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

 

(j)  Governing Law; Dispute Resolution

 

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the Commonwealth of Pennsylvania, without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Philadelphia, Pennsylvania, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Fashionkind and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

 

(k) Void Where Prohibited

 

Fashionkind administers and operates the www.Fashionkind.com Site from its location in Philadelphia, Pennsylvania, USA; the Site may also be hosted by third parties. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Fashionkind reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

 

(l) Miscellaneous

 

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

 

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.

 

These Terms of Use constitute the entire agreement between you and Fashionkind with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Fashionkind with respect to such use are hereby superseded and cancelled.

 

Fashionkind will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected.

 

Fashionkind’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Fashionkind of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Fashionkind and you or any other party be deemed to modify any provision of these Terms of Use.

 

These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

 

Fashionkind provides access to Fashionkind international data and, therefore, may contain references or cross references to Fashionkind products and services that are not announced in your country. Such reference does not imply that Fashionkind in your country intends to announce such products or services.

 

(m)  Feedback and Information

 

Any feedback you provide at this site shall be deemed to be non-confidential. Fashionkind shall be free to use such information on an unrestricted basis.

 

The information contained in this web site is subject to change without notice.

Copyright © 2014 Fashionkind, LLC. All rights reserved.

 

Fashionkind, LLC, 21 Summit Street, Philadelphia, PA, 19118, USA.

 

Updated by The Fashionkind Legal Team on Nov. 25, 2014