F88 Terms and conditions
This agreement is between you and 1076630 B.C. LTD., a corporation under the laws of British Columbia doing business as Fashion88.clothing “Fashion 88”.
You may register to become a vendor with our website by completing and submitting the vendor registration form on our website. You must be 19 years of age to use fashion88.clothing as a vendor.
• You must not allow any other person to use your account to access the website.
• You must notify us immediately if you become aware of anyone else using your account.
• You must not use any other person’s account to access the website.
• If you register for an account with our website, you must keep your password confidential.
• You must notify us in writing immediately if you become aware of any disclosure of your password.
• You are responsible for any malicious activity on our website arising out of any failure to keep your password confidential or connecting to our website using a compromised computing device and you may be held liable for any losses arising out of such a failure.
No Unlawful Use
You must not use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must only submit material suitable for all ages.
• No sexually explicit material.
• No profane or vulgar material
• No defamatory material
• No material which harasses or is intended to harass another user
• No material which infringes the intellectual property of Fashion 88 or any third party.
Contravening the above instructions under unlawful usage will render offender responsible, indemnifying fashion88 of all liabilities.
Use of Your Account
• You must not use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website.
• Other than your own, you must not copy or remove any material submitted to the website or stored on fashion88.clothing’s servers.
• You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
• You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
• You must not access or otherwise interact with our website using any robot, or other automated means except as may be necessitated to overcome a disability, and if so, only to the extent necessary to do so.
• You must not use data collected from our website for any direct marketing activity, including without limitation email marketing, SMS marketing, telemarketing and direct mailing.
• You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
You grant to us a worldwide, irrevocable, transferrable, non-exclusive, royalty-free, sub-licensable license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media., including the right to bring an action for infringement of the rights licensed.
• In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
• You hereby waive all your moral rights in your content with respect to our use pursuant to the license, to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
• You may edit your content to the extent permitted using the editing functionality made available on our website. The license granted applies to both the original versions and any edits.
Termination of Accounts and Access
Fashion88 provides access reserves the right to terminate your access to the Site, without any advance notice, and without compensation at any time, and for any reason deemed necessary by fashion88.
• If you breach any provision of these terms and conditions in any way, Fashion 88 may delete, un publish or edit any or all of your content, and may seek damages.
No Warranties and Guarantees
• Fashion 88 do not guarantee the completeness or accuracy of the information published on our website. The Authenticity and accuracy of published data by you will be your responsibility.
• Fashion 88 do not guarantee that the material on the website is up to date.
• Fashion 88 do not guarantee that the website or any service on the website will remain available.
• Fashion 88 reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if Fashion 88 stop publishing the website.
Fashion 88 provides access to buyers for sellers and sellers to buyers. We do not guarantee the buyers or their merchandise in any way. All transactions are between the seller and the buyer. In the event that a buyer or seller is unhappy with the outcome of a sale, they retain all rights under their local laws against the other party. We also encourage them to contact Fashion 88 to help us in developing a strong community.
Our website and the information and services on our website are provided for a small fee of 12% on completed sales. In no event will Fashion 88’s liability ever exceed this amount.
A completed sale : " A sale is only complete once the customer has received the product with signature verification and the customer has not made a request to exchange or refund the product within the 48hr limit"
• Fashion 88 will not be liable to the customer in respect of any losses arising out of a vendor not shipping a previously paid for product, or any event or events beyond our reasonable control. The vendor will be held responsible.
• Fashion 88 will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
• Fashion 88 will not be liable to you in respect of any special, indirect or consequential loss or damage.
• You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
Vendor Registration Contract Conditions
• The following additional terms apply to all vendors except to the extent that Fashion88 has entered into a custom agreement with a vendor in writing, in which case these terms, and the general terms within the User Agreement, continue to apply subject to any modification provided by the custom agreement.
• Vendors are compensated at the following rates for each order after deducting the Fashioon88 sales commission as shown below :-
o Regular Vendors are compensated at the rate of 88% ( Fashion88 sales commission will be 12% ) of the sale prices for all completed Orders, subject to the refund and exchange provisions outlined below. For vendors shipping from North America the vendor will also be compensated for shipping and handling, as outlined below.
o Super Vendors are compensated at the rate of 3.2% ( Fashion88 sales commission will be 8.8% ) of the sale prices for all completed Orders, subject to the refund and exchange provisions outlined below. For vendors shipping from North America the vendor will also be compensated for shipping and handling, as outlined below.
• A Super Vendor is a vendor which falls into one of the following categories :-
o Vendors who sign-up with Fashion88 as early adopters ( beta group vendor ) in a country/region, before Fashion88 conducts on the ground promotion/launch in that country or region. When a vendor signs up a beta group vendor, Fashion88 will automatically issue special official certificate confirming the Super Vendor status.
o Vendor’s whose annual order value exceed the country threshold limits per year. Currently the global annual threshold limit per vendor at Fashion88 is US$ 100,000.00 and any subsequent revisions will notified to the Super Vendor community. These super vendors will be charged the 12% sales commission when the order is processed, and if the vendor’s annual sales value exceeds the threshold value as of 31stDecember of the year, Fashion88 will make a payment of 3.2% of annual sales value of the annual sales, making the effective sales commission to be 8.8%.
o Vendors who agree to pay special annual subscription fee in exchange of having a lower sales commission of 8.8% by Fashion88, irrespective of the annual sales volume. Vendors who are interested in this will have to contact Delivery Channel Operations team of Fashion88 after they have signed up as a vendor.
o Any other vendor will be regarded a Regular Vendor and will be charged the sales commission of 12% per order by Fashion88.
• Vendors will receive the monthly settlements for all completed orders for a vendor ( orders received by the customer with no returns by customer within a month ), by the 15th day of the next month. The Fashion88 Delivery Channel Operations team and Fashion88 Vendor University will provide details to the vendor on the process once a vendor is signed up.
Vendors Shipping from North America:
• Fashion88 will, at the time of purchase by customers, populate a shipping and handling fees and delivery time estimate based on destination of shipment (“S&H Fee”). The S&H Fee charges will be paid by the customer as part of their order purchase.
• North American based vendors will be responsible for providing the shipment of their orders. The costs of shipping and handling, up to but not exceeding the S&H Fee calculated by Fashion88, will be reimbursed by Fashion88 to the vendor when monthly settlements are processed for each vendor.
• Reimbursement will only apply for those orders which have been completed, which is to say, orders that that have been successfully delivered to the customer and for which no complaint, refund, or exchange request has been made for 30 days.
• Reimbursements will be paid using the preferred method that the vendor has indicated when completing the online vendor registration form.
• All orders must be shipped by the vendor within 48 hours of receipt of the order. In the event the vendor fails to comply Fashion88 may at its discretion consider the order canceled and charge the vendor a processing fee.
• The choice of carrier used for shipment may be any of the following:
o US Postal Services, Canada Post, FEDEX, UPS, Purolator, DHL
• The shipment method and courier choice must match any information provided by the vendor to the customer prior to the placement of the order.
• Any tracking numbers provided by the carrier must be forwarded by the Vendor to Fashion88 automatically where feasible and within 48 hours otherwise. Fashion88 will forward this to customers to allow them to view the status of their shipment online.
o The vendor and or the vendor’s carrier will be responsible for addressing all questions or concerns regarding the shipment of the order by the customer.
• All customs charges and taxes due and owing by the customer will be the responsibility of the customer, and will at Fashion88’s discretion, be charged prior to the completion of the order, or by the customer upon the receipt of the order.
Vendors Shipping from outside of North America:
• Shipments of product outside of North America must be made through the local Fashion88 team for the respective country or region.
• Vendors will not be allowed to complete an order until they have entered into an agreement with the local Fashion88 team with respect to the inspection of product and shipping and Fashion88 has reviewed and approved that agreement.
Refund and Exchanges by Customers
• In the event of an exchange of a customer order the Vendor will be responsible for shipping the replacement item and associated shipping costs. Fashion88 may, at its discretion, charge a handling fee for the exchange which will be payable to Fashion88 by the customer.
• In the event of a refunded order Vendor will not receive any payment for the order.
• In the event a product is returned by the customer to the vendor as part of a refund of an order, the vendor will not receive any settlement and may not charge any fees, but will obtain retain possession of and be responsible for the returned product. In case of a return, the vendor must notify Fashion88 of the receipt of the return within 24 hours of receiving the returned items.
• In the event that a product is returned by the customer to the vendor as part of a return of an order for exchange, the vendor will receive the settlement after the exchange item has been received by the customer and customer has confirmed the exchange item is acceptable. In case the customer is not satisfied with the exchange item, it will automatically be treated as a return for refund by the customer.
• In the event of an exchange the shipping requirements and timelines shall be treated the same as if a new order has been received.
You must comply with the tax laws in your country or region for each purchase or sale you make using the site.
• You are responsible to collect and pay any applicable taxes for products sold by you, and to pay any applicable taxes for products purchased by you, including as may be applicable income taxes, import taxes, sales taxes and duties.
• You specifically acknowledge and agree that Fashion 88 may share your information including sales information, contact information and shipping information with government authorities if they request same, and agree to reimburse us for any reasonable expenses associated with complying with these requests.
The Site and all of its original content are the sole property of Fashion 88 and are, as such, fully protected by the appropriate international copyright and other intellectual property rights laws.
Jurisdiction and Dispute Resolution
These terms and conditions shall be governed by and construed in accordance with the laws of British Columbia, Canada.
All disputes arising out of or in connection with this contract, or in respect of any defined legal relationship associated therewith or derived there from, shall be referred to and finally resolved by arbitration under the International Commercial Arbitration Rules of Procedure of the British Columbia International Commercial Arbitration Centre. The appointing authority shall be the British Columbia International Commercial Arbitration Centre. The case shall be administered by the British Columbia International Commercial Arbitration Centre in accordance with its Rules. The place of arbitration shall be Vancouver, British Columbia, Canada.