Effective Date: January 15, 2022
1. GENERAL
1.1 Scope. Welcome to
AZMORA.com. These Terms & Conditions ( "Agreement" or
"Terms" ) are a contract between you and Us, as operator of the Site
and App (as defined below), (the "Company" ), as the company that
uses the Site and App to sell products to you, collect payment and process your
returns (where applicable, "AZMORA" , "we" , "us"
and "our" shall refer to Azmora and "you" or
"your" shall refer to the user of the Services (as defined below).
These Terms govern your use of our website at AZMORA.com, any mobile
applications ( "Apps" ) that hyperlink to this Agreement, any other
written, electronic, and oral communications with AZMORA and its affiliated
entities, or any websites, pages, features, or content owned and operated by us
that hyperlink to this Agreement (collectively, including the Site and Apps,
the "Services" ).
By accessing or using the Services
in any manner, including, but not limited to, visiting or browsing the Site,
downloading the mobile applications, registering an account, or contributing
content or other materials to the Site or on or via the Apps, you expressly
understand, acknowledge and agree that you have read and understood the Terms
and agree to be bound by such terms found on the Site.
You are only authorized to use the
Services if you agree to abide by all applicable laws and to these Terms.
In addition, you may read our Privacy & Cookie Policy at
any time for more information about how the Company collects, stores, and
protects your information when you use the Services.
1.2 Updates to the Terms. We reserve the right to
modify the Terms, including the Privacy & Cookie Policy, at any time, in
our sole discretion. By continuing to use the Services, following such changes
(regardless of whether a notice was sent by the Company), you agree to be bound
by any variation made by us to this policy and/or accompanying
policies/agreements including, but not limited to, the Privacy & Cookie
Policy. It is your responsibility to check this policy and/or accompanying
policies/agreements from time to time to verify such variations.
1.3 Acceptance of Terms. To
shop with us, you need to be at least 16 years old. Any accessing, browsing, or
otherwise using the Services indicates your agreement to all the terms and
conditions in this Agreement. If you disagree with any part of the Terms, then
you should immediately discontinue access or use of the Services. Please read
this Agreement carefully before proceeding.
If you have any questions regarding these Terms & Conditions or our Privacy & Cookie Policy, you may contact us anytime at info@Azmora.com or use our Customer Service Platform as described in the "Contact Us" section below.
2. USE OF OUR SERVICES
2.1 Representations. When you use our Services, you
agree to the processing of the information and data and you state that all
information and data provided by you are true and correspond to reality. You
represent and warrant that you are at least 16 years old or visiting the
Services under the supervision of a parent or guardian. Subject to the terms
and conditions of this Agreement, the Company hereby grants you a limited,
revocable, non-transferable and non-exclusive license to access and use the
Services by displaying it on your internet browser, for our Site, or on your
mobile devices, for our Apps, only for the purpose of shopping for personal
items sold on the Site or Apps and not for any commercial use or use on behalf
of any third party, except as explicitly permitted by the Company in advance.
Any breach of this Agreement shall result in the immediate revocation of the
license granted in this paragraph without notice to you.
2.2 Limitations on Use.
Except as permitted in the paragraph above, you may not reproduce, distribute,
display, sell, lease, transmit, create derivative works from, translate,
modify, reverse-engineer, disassemble, decompile or otherwise exploit the
Services or any portion of them unless expressly permitted by the Company in
writing. You may not make any commercial use of any of the information provided
on the Services or make any use of the Services for the benefit of another
business unless explicitly permitted by the Company in advance. The Company
reserves the right to refuse service, terminate accounts, and/or cancel orders
in its discretion, including, without limitation, if we believe that customer
conduct violates applicable law or is harmful to our interests.
You shall not upload to,
distribute, or otherwise publish through the Services any content, information,
or other material that: (a) violates or infringes the copyrights, patents,
trademarks, service marks, trade secrets, or other proprietary rights of any
person; (b) is libellous, threatening, defamatory, obscene, indecent,
pornographic, or could give rise to any civil or criminal liability under local
or international law; or (c) includes any bugs, logic bombs, viruses, worms,
trap doors, Trojan horses or other code, material or properties which are
malicious or technologically harmful.
Additionally, you agree not to:
Use the Services for any unlawful
purposes, or in a way that could violate any applicable federal, state, local,
or international law or regulation;
To engage in any conduct that
restricts or inhibits anyone’s use or enjoyment of the Services, or which, as
determined by us, may harm us or other persons using the Services or expose us
or them to liability;
Use the Services in any manner
that could disable, overburden, damage, or impair the Site or Apps or any other
party’s use of the Services;
Use any robot, spider or other
manual or automated device, process, software or means to index or access the
Service for any purpose;
Use the Services to distribute unsolicited promotional or commercial content, or solicit other persons using the Services for commercial purposes;
Otherwise attempt to interfere with the proper working of the Service.
2.3 Account Creation and
Termination. In order to access some features available on the Services,
you will have to create an account. You may not use another person’s account.
Each time you use a password or identification, you will be deemed to be
authorized to access and use the Site or Apps in a manner consistent with the
terms and conditions of this Agreement, and the Company has no obligation to
investigate the authorisation or source of any such access or use of the
Services.
You will be solely responsible for
all access to and use of the Services by anyone using the password and
identification originally assigned to you whether or not such access to and use
of this Site is actually authorized by you, including without limitation, all
communications and transmissions and all obligations (including, without
limitation, financial obligations) incurred through such access or use. You are
solely responsible for protecting the security and confidentiality of the
password and identification assigned to you. In no event shall we be liable for
any loss, theft or fraudulent use of your User Account. You shall immediately
notify us of any unauthorised use of your password or identification or any
other breach or threatened breach of the Site or App's security. Please do not
use the same password for this Site or App that you use for other sites.
The User Account is provided for
the regional Site or App that is used for the initial setup. Depending on the
Site through which you create your User Account, your account will be
administered by the entity responsible for operating that Site, as set forth in
Clause 1.1 (Scope) of the terms and conditions governing the use of that Site
(for example, if you created your account on Azmora.com, then your account
will be administered by Fashion Choice Pte. Ltd). If you already have an
account as of the Effective Date of these Terms, then depending on the location
affiliated with your account, your account will be administered by the entity
set forth in Clause 1.1 (Scope) of the terms and conditions governing the use
of that Site (for example, if your billing address is located in an area other
than the European Union, United States, United Kingdom, Australia, New Zealand,
United Arab Emirates, Saudi Arabia, Kuwait, Oman, Qatar, Bahrain, Jordan,
Singapore, Brunei Darussalam, Cambodia, East Timor, Guam, Indonesia, Laos,
Macau, Hong Kong, Malaysia, Maldives, Myanmar, Philippines, Sri Lanka, Taiwan,
Thailand, Turkey, Vietnam, South Korea), your account will be administered by Azmora.
From time to time, we may restrict
access to some or all parts of the Services, including, but not limited to, the
ability to upload documents, make payments, or send messages.
We may terminate your access to
the Services at any time, in our sole discretion, without cause or notice, or
if we believe you have breached these Terms. You may terminate your account at
any time, for any reason, by following any such instructions within the Site or
App, or by contacting us as described in the "Contact Us" section
below. If your account is terminated, you may lose the assets in your account
if you do not contact us.
By creating an account with us, you acknowledge that we may
send you promotional or marketing emails from time to time. If you do not wish
to receive those emails, please use the link provided in those emails to
unsubscribe from our email list.
2.4 Customs. In accordance
with customs regulations, you must provide valid and accurate data. All
consignee names, addresses and payer names should be valid. It is your sole
responsibility that the data you provide to us is complete and accurate. Should
any information be missing or be incorrect and prevent any shipment or
deliveries or customs clearance, we will not be responsible and will not offer
any compensation in such cases. You hereby authorise the Company and its
affiliates to make
statements, submit, amend and invalidate all declarations and documents necessary or useful to import goods ordered by you in your name and for your account. This authorisation includes the power to make and receive service and deliveries, request refunds of any levies, taxes and fees relating to the importation of goods, to conduct administrative appeal and court proceedings as well as enforcement proceedings and appeals and remedies at all instances, file applications, complaints, etc. with public authorities, courts and other institutions, file, withdraw and/or waive legal remedies and appeals against judgements, orders, arbitral awards, payment orders, or any other orders and decisions of whatever kind, receive monies, valuables and documents and/or deeds. It also includes the right to instruct customs agents in your name and on behalf of you and to grant sub-authorisation to customs agents and/or other representatives involved in handling matters relating to the importation of goods and complying with regulations regarding the importation of goods. As the importer, you are responsible for complying with all laws and regulations in your own country.
3. PRIVACY & COOKIE POLICY
When you use our Services and
place orders through them, you agree to provide us with your email address,
postal address and/or other contact details truthfully and exactly. You also
agree that we may use this information to contact you in the context of your
order if necessary.
We respect your right to privacy. By using our Services or otherwise you agree to, and where required, consent to the collection, use and transfer of your information as set out in the Privacy & Cookie Policy.
To see how we collect and use your personal information, including how to unsubscribe from non-transactional communications from us, please see our Privacy & Cookie Policy.
4. ERRORS
In case you detect that an error
occurred when entering your personal data during your registration as a user of
our Services, you can correct these errors on our Site in the section "My
Account". In any case, you will be able to correct errors related to the
personal data provided during the purchase process by contacting us, as well as
exercising the right of rectification contemplated in our Privacy & Cookie
Policy through our Site and Apps. The Services display confirmation boxes in
various sections of the purchase process that do not allow the order to
continue if the information in these sections has not been correctly provided.
Also, the Services offer details of all the items you have added to your
shopping cart during the purchase process, so that before making the payment,
you can modify the details of your order.
If you detect an error in your
order after the completion of the payment process, you should immediately
contact our Customer Service Platform to correct the error.
While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. We cannot confirm the price of an item until after you place your order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation, in which case payment will be fully refunded to you.
5. TRADE RULES
5.1 Price and Payment. All
prices are correct at the time of entering the information on to the system. If
for some reason we are unable to ship your goods, the value of the items that
are not shipped will be refunded to your wallet in your User Account or to the
original method of payment, whichever you so select.
All prices are exclusive of
delivery charges. The total cost of the order is the price of the products
ordered plus the delivery charge.
Prices may change at any time, but
(other than as set out above) changes shall not affect the orders for which we
have sent an Order Confirmation.
Once you have selected all
articles that you wish to buy, they will be added to your bag. The next step
will be to process the order and make the payment. To that end, you must follow
the steps of the purchase process, indicating or verifying the information
requested in each step. Furthermore, throughout the purchase process, before
payment, you can modify the details of your order. Also, if you are a
registered user, a record of all the orders placed by you is available in
"My Account". If your order triggers a fraud alert in our security
system, a verification email may be sent to your email address. You may use the
payment methods specified on the local Site, which may include Visa,
Master-card, American Express, PayPal and online banking etc.
To minimise the risk of non-authorized access, your credit card details will be encrypted. Once we receive your order, we request a pre-authorisation on your card to ensure that there are sufficient funds to complete the transaction. The charge on your card will be made at the time of your order unless you selected a pay later service (which is only available in certain countries) in which case your card will be charged at the time of shipment or you selected a COD (cash on delivery) service (which is only available in certain countries) in which case you will be charged in cash at the time of delivery.
When you click "Buy now” or “Place order” or “Authorise Payment" and “continue “, you are confirming that the credit card is yours. Credit cards are subject to verification and authorisation by the card issuing entity. If the entity does not authorise the payment, we shall not be liable for any delay or failure to deliver and we will be unable to conclude any contract with you.
5.2 Colours. We have made every effort to display, as
accurately as possible, the colours of our products that appear on the Services.
However, as the actual colours you see will depend on your monitor, we cannot
guarantee that your monitor's display of any colour will be accurate.
5.3 Packing. Unless otherwise provided, we will
comply only with its minimum packing standards for the method of transportation
selected. The cost of all special packing, loading or bracing requested by you
will be paid for by you.
5.4 Shipping & Delivery. The Company ships from
different warehouses in different countries. For orders with more than one
item, we may split your order into several packages according to stock levels
at our own discretion. We aim to deliver orders as quickly as possible.
However, sometimes during busy sale periods, deliveries may take longer. If you
have any questions regarding shipping and delivery, please contact our Customer
Services Platform.
5.5 Title and Shipment. Unless agreed otherwise, shipping will be made to the delivery address indicated by you. Title to any purchased items transfers from the respective selling entity (i.e., Azmora if you’re located in an area other than the European Union, United States, United Kingdom, Australia, New Zealand, United Arab Emirates, Saudi Arabia, Kuwait, Oman, Qatar, Bahrain, Jordan, Singapore, Brunei Darussalam, Cambodia, East Timor, Guam, Indonesia, Laos, Macau, Hong Kong, Malaysia, Maldives, Myanmar, Philippines, Sri Lanka, Taiwan, Thailand, Turkey, Vietnam, South Korea ) to you as the respective customer once the items are loaded onto the international carrier outside of your country. Any claims against the Company for shortage or damage occurring prior to our delivery of the item to you must be made to customer service within five (5) days after your receipt of the goods.
5.6 Return of product.
Goods can be returned in designated period. The exact return period and return
policy differs from country to country. Please contact our customer service for
the detailed information. Except as otherwise agreed by the Company, Customers
returning goods are responsible for freight charges.
Wrong size items and quality problem items can be exchanged. For defective products, if a defect or damage is confirmed on the returned products, we will give you a complete refund including the charges you have accrued of delivery and return. The refund will be credited either to your Wallet within your User Account or your original method of payment at your election.
The following items cannot be returned or exchanged: bodysuits, lingerie & sleepwear, swimwear, jewellery, and accessories (except scarves, bags, and mermaid blankets).
5.7 Reviews, Comments and
Submissions. Except as otherwise provided elsewhere in this Agreement or on
the Services, anything that you submit or post to the Services and/or provide
to our Site or App, including, without limitation, picture, video, ideas,
know-how, techniques, questions, reviews, comments, and suggestions
(collectively, "Submissions" ) is and will be treated as
non-confidential and non-proprietary, and by submitting or posting, you agree to
irrevocably license the Submissions and all intellectual property ("IP")
rights related thereto (excluding the moral rights such as authorship right) to
the Company without charge and we shall have the royalty-free, worldwide,
perpetual, irrevocable, and transferable right to use, copy, distribute,
display, publish, perform, sell, lease, transmit, adapt, create derivative
works from such Submissions by any means and in any form, and to translate,
modify, reverse-engineer, disassemble, or decompile such Submissions. All
Submissions shall automatically become our sole and exclusive property and shall
not be returned to you and you agree not to raise any dispute in connection
with any use of the Submissions by us in the future. You are responsible for
all Submissions shared and must ensure these are in line with public morals and
religious beliefs, are not in violation of any applicable laws and will not
cause us to violate any applicable laws or regulatory guidelines by displaying
such Submissions on the internet.
You warrant that your Submissions,
in whole or in part, are clear and free of any IP right infringement, disputes
or third-party claims. We assume no liability for any misuse of copyright or
any other rights of third parties by you. You undertake to defense for and
indemnify the Company against any losses caused due to the use of the
Submissions for any purposes.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site or Apps, you also grant us the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, and other content that you post on this site and that use of your reviews, comments, or other content by us will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submissions or content. We may but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.
6. INTELLECTUAL PROPERTY AND OWNERSHIP
6.1 Content. The Services, including all of their
information and content, such as the text, software, scripts, graphics, photos,
sounds, music, videos, and interactive features (collectively,
"Content") provided as part of the Services belong at all times to
the Company or to those who grant us the license for their use and is protected
by copyright laws in your own country and international copyright laws. You may
use the Content only to the extent that we or the usage licensees authorise
expressly.
6.2 Rights Reserved. Content on the Services is provided to you as is for your information only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast-ed, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Company or the respective owners or licencors. We reserve all rights not expressly granted in and to the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services, provided by you to us are non-confidential and shall become the sole property of the Company.
You agree not to engage in the use, copying, or distribution of or create derivative works from any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.
7. THIRD PARTY LINKS AND RESOURCES
Our Site and Apps may contain
links to third-party sites that are not owned or controlled by us. References
on our Site and Apps to any names, marks, products or services of third
parties, or links to third-party sites or information, are not an endorsement,
sponsorship, or recommendation of the third party or its information, products,
or services.
We have no control over, assume no responsibility for, and do not endorse or verify the content, privacy policies, or practices of any third-party sites or services, including, but not limited to, any third-party social media or mobile app platform with which the Services operate or otherwise interact. The Company is not responsible for the acts or omission of any operator of any such site or platform. Your use of any such third-party site or platform is at your own risk and will be governed by such third party’s terms and policies (including its privacy policies). We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Site or our Apps by anyone other than us. We strongly advise you to read all third-party terms and conditions and privacy policies.
8. LIMITATION OF LIABILITY
PLEASE READ THIS CLAUSE CAREFULLY
SINCE IT LIMITS THE LIABILITY OF THE COMPANY TO YOU.
(1) By USING THE SERVICES, YOU HEREBY ACKNOWLEDGE AND AGREE
THAT WE ARE PROVIDING THE SERVICES, INCLUDING THE SITE AND APPS, ON AN "AS
IS", "AS AVAILABLE" AND "WITH ALL DEFAULTS" BASIS,
WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE
FOREGOING, AND TO THE EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS
ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND INCLUDING ANY WARRANTY OR
CONDITION OF MERCHANT ABILITY, TITLE, ACCURACY, COMPLETENESS, UNINTERRUPTED OR ERROR-FREE
SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT,
AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
(2) WE MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY
DISCLAIM ALL LIABILITY FOR: (1) PRODUCTS, SERVICES, INFORMATION, PROGRAMMING,
AND/OR ANYTHING ELSE PROVIDED BY A THIRD PARTY THAT IS ACCESSIBLE TO YOU
THROUGH THE SERVICES; OR (2) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU
ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICES.
(3) YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW,
WE WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING
THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE
COMPANY AND ITS AFFILIATED ENTITIES (INCLUDING THE OPERATORS OF THE OTHER SHEIN
SITES) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL
HARM, OR LOSS OF DATA (EVEN IF FORESEEABLE) ARISING OUT OF OR IN ANY WAY
CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES.
(4) YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES
IS TO CEASE USE OF THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
9. LEGAL TERMS
9.1 Assignment. You may not assign or transfer this
Agreement (or any of your rights or obligations under this Agreement) without
prior written consent. Any attempted assignment or transfer without complying
with the foregoing will be void. We may freely assign or transfer this
Agreement. This Agreement inures to the benefit of and is binding upon the
parties and their respective legal representatives, successors, and assigns.
9.2 Entire Agreement; No Waiver. These Terms,
together with our Privacy & Cookie Policy, and any other legal notices
published on the Site or Apps, shall constitute the entire agreement between
you and us concerning the Services, and supersedes all prior terms, agreements,
discussions and writings regarding the Services. If any provision of the Terms
is found to be unenforceable, then that provision shall not affect the validity
of the remaining provisions of the Terms, which shall remain in full force and
effect. No waiver of any term of the Terms shall be deemed a further or
continuing waiver of such term or any other term. Our failure to assert any
right or provision under the Terms shall not constitute a waiver of such right
or provision.
9.3 Indemnification. You agree to release, indemnify,
and defend the Company and any subsidiaries, affiliates, related companies,
suppliers, licencors and partners, and the officers, directors, employees,
agents and representatives of each from all third-party claims and costs
(including reasonable attorneys’ fees) arising out of or related to: (1) your
use of the Services; (2) your conduct or interactions with other users of the
Services; (3) your breach of these Terms. We will notify you promptly of any
such claim and will provide you (at your expense) with reasonable assistance in
defending the claim. You will allow us to participate in the defense and will
not settle any such claim without our prior written consent. We reserve the right,
at our own expense, to assume the exclusive defense of any matter otherwise
subject to indemnification by you. In that event, you will have no further
obligation to defend us in that matter.
9.4 Interpretation. In construing or interpreting the Terms, headings are for convenience only, and not to be considered.
10. BUSINESS TRANSFERS
If the Company or substantially all of its assets, were acquired, or in the unlikely event that the Company or its affiliates go out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of the Company may continue to use your personal information for the same purposes that we have previously obtained your consent for. For more information, please see our Privacy & Cookie Policy.
11. CONTACT US
We welcome your questions and comments about these Terms. You may contact us anytime By visiting this page on our website: https://www.Azmora.com/contactus