Terms and Conditions

Introduction

These are the general terms and conditions (“T&Cs”) which shall apply to whenever you order any product from our website (“Product”) or otherwise make use of this website or its contents.

By purchasing a product from TheFashionKo (the “Website”), you warrant that you are of legal age and of legal capacity to enter into a binding contract of sale in terms of the laws of Malta, and by viewing, using, or otherwise utilising the contents of this website, you agree to all of the T&Cs set out herein.

 

About Us

 

Company Name: TheFashionKo (C26823) (“Us”)
Registered Office: Dizz Buildings, 5, Carob street, Santa Venera
VAT Registration Number: MT 1582-3622
Telephone Number: (+356) 2122 5589
Email Address: info@thefashionko.com

 

Registration

The facility to register for a personal TheFashionKo account, and thereby subscribe to promotional TheFashionKo emails and/or place an order with TheFashionKo is exclusively available to persons over the age of eighteen (18) years.

In order to fulfil your orders made through the Website, it is necessary that you register for a personal account. Registration can be effected via the online registration form with certain information including: your first name, surname, email address, password, billing address and, where applicable, different delivery address. Once you click on the “Continue” button this information will be stored in our customer database. You can access, update or correct your personal account details via the “My Account” section of the Website.

Any personal data held in your regard will be stored and processed in strict compliance with the terms of our Privacy Policy which can be accessed here. (link to Privacy Policy)

You are responsible for ensuring the confidentiality of your password and email address. For this purpose, we recommend that you use a sufficiently complex password which uses a combination of  upper and lower case letters, numbers, and symbols.

We do not have the means to verify that an account is being exclusively used by the account-holder, and will not be liable for any losses or damages suffered by any user of our Website due to unauthorised account access save where this is caused by gross negligence on our part.

You agree to notify us immediately if you become aware or suspect any unauthorised use of your password or email address. You can contact us in writing via Dizz Buildings, 5, Carob street, Santa Venera or through telephone at (+356) 2122 5589

Site Content:

Any and all content found on the Website is the exclusive property of TheFashionKo and is governed accordingly by intellectual property law. None of the content or elements of the Website may be reproduced, re-used, copied, or re-appropriated in any way or form.

All intellectual property rights arising from or with respect to this Website shall be owned by TheFashionKo; such intellectual property rights shall include trademarks (whether registered or unregistered), trade names (whether registered or unregistered), patents (whether registered or unregistered), copyright, database rights, or other similar rights.

The content of this Website and the Website as a whole, are intended for your sole, non-commercial use. The copy, print or download of any of the material on this Website for commercial use is totally prohibited.

Purchasing products from us, does not entitle you to any rights in relation to any of our intellectual property rights.

TheFashionKo otherwise reserves all rights, present and future, deriving from the Website.

Use of this Website

  1. By using this website, you are hereby agreeing to:
  2. Using this website in line with the law;
  3. Using this website to make proper inquiries only. Please do not post any misleading queries;
  4. Not to make any fraudulent, false or deceitful orders. In such an event, we shall inform the proper authorities and cancel your order;
  5. Provide us with your real identification and contact details.

Information about our Products

When listing our products, we take utmost care to list all our products accurately, including price and size information. However, we reserve the right to refuse a sale if any such information has been published erroneously. Kindly also note that sizes listed are indicated in Several formats and thus please refer to the relevant size guide to properly determine your size.

Prices on our website may change, although this will not affect any order already submitted.

Proper care an attention is further devoted from our end to ensure that products are displayed correctly and accurately, including colour, however we cannot guarantee that the colour displayed on your screen will be the exact same colour of the product on your delivery. There may be variances in colour between different displays, and we shall not be liable for such discrepancies.

Payment & Prices

We accept payment with PayPal, debit and credit cards.

All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.

Your credit/debit card may be authorised when your order is placed and processed but you will not be charged for the value of the goods until they are dispatched to you. If you have out of stock items on your order we will charge and dispatch the in stock items and the out of stock items will follow.

Prices shown on the Website are in EURO include VAT at 18% where applicable. Kindly note that any payments not in EURO will be subject to the exchange rates by your bank or card company.

Please note for all orders placed with PayPal, payment is debited directly at the time of order, before your items are shipped. In the event that the items you have ordered are out of stock, your order will be cancelled and you will be refunded immediately. For more information regarding how PayPal works, please visit www.paypal.com

Should you live outside of the EU, there may be import duties, fees or taxes imposed on our products when they enter the country. If you are unsure about how any of these duties may apply, kindly contact the relevant authorities.

 Contract of Sale

All orders are subject to acceptance and availability. There is a time delay between when an order is placed and when an order is accepted from our end. Due to such time delay, our stock of such products may change, and thus certain items may become unavailable and in such a situation, we would inform you.

Upon placing an order with the Website, the Customer will receive an order acknowledgement and subsequent updates via email. Receipt of an order acknowledgement and subsequent email updates in no way constitute confirmation that the order has been accepted by us. Please ensure that you have inserted all the relevant information correctly prior to the purchase, since you will not be able to affect any changes after confirmation. Should any issue regarding your order arise, we shall contact you directly.

Formal acceptance of the order shall be considered to have been effected upon dispatch of the ordered Product by Us (from our warehouse to the address supplied by the Customer). At this point, the order shall constitute an electronic contract between yourself (the Customer)and Us.

Your confirmation email will contain all necessary information concerning your purchase.

We ask that you keep a copy of your confirmation email and verify that its contents are correct.

Retention of Ownership

TheFashionKo  shall retain full ownership over any Product purchased through the Website until full payment has been effected by the Customer and has been received by Us.

Responsibility for maintaining and keeping the Product in good condition in terms of all reasonable diligence will considered to have been transferred to the Customer once delivery of the Product is effected and the Customer is duly in receipt of the Product.

Prohibition of Re-Sale

The re-sale or any Products or samples received from this Website is strictly prohibited in all circumstances and instances.

Deliver

Please allow a few days to allow your order to be processed.

Local Standard Mail (approx 4 working days)

Your products will be dispatched by standard mail from the local provider. If you are not in when the product is being delivered, the local mail will attempt to come back, before leaving a collection document so that your package may be collected from your closest post office. Please note that upon delivery a signature will be required from your end.

Standard International Delivery and Express International Delivery

When shopping from outside Malta, we use international delivery to post your products. Please note that postage costs will depend on your country of origin. Please allow up to two weeks for delivery. If however you would like your product to arrive faster, you can opt for the Express International Delivery. Costs will again depend on your destination and will be indicated before your purchase your products.

Please note that there may nevertheless be delays in delivering your products. These can be due to seasonal increases, weather or other factors. Should you not receive the products after the indicated period stated above, kindly contact us on help@thefashionko.com

Should we be unable to deliver your order for any reason, we will contact you to attempt to find a proper way to deliver your product. If this is unsuccessful, we will refund the full purchase price.

Limitation of liability

You acknowledge and agree that you assume full responsibility for your use of the Website. You acknowledge and agree that any information you send or receive during your use of the Website may not be secure and may be intercepted by unauthorised parties. You acknowledge and agree that your use of the Website is at your own risk and that the site is made available to you at no charge.

Recognising such, you acknowledge and agree that to the fullest extent permitted by applicable law, neither TheFashionKo  nor its affiliates, suppliers or third party content providers will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to the Website, or any other site you access through a link from this site or from any actions we take or fail to take as a result of communications you send to us, or the delay or inability to use the Website, or for any information, products or services advertised in or obtained through the site, TheFashionKo ’ removal or deletion of any materials submitted or posted on its Website, or otherwise arising out of the use of the Website, whether based on contract or otherwise, even if TheFashionKo , its affiliates or any of its suppliers has been advised of the possibility of damages. This disclaimer applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defects, delay in operation or transmission, computer viruses, file corruption, communication-line failure, network or system outage, your loss of profits, or theft, destruction, unauthorised access to, alteration of, loss or use of any record or data, and any other tangible or intangible loss. You specifically acknowledge and agree that neither TheFashionKo  nor its suppliers shall be liable for any defamatory, offensive or illegal conduct of any user of the Website. Your sole and exclusive remedy for any of the above claims or any dispute with TheFashionKo  is to discontinue your use of the Website.

We provide no further warranties other than those warranties specifically guaranteed within these terms and conditions and those statutory warranties expressly set out at law.

Applicable Law and Jurisdiction

This is a Maltese website, and is therefore subject, along with all rights pertaining to it, to the laws of the jurisdiction of the Republic of Malta.

Any purchase entered into through the Website shall be treated and regulated as a contract of sale entered into in terms of Maltese law.

Any disputes arising in relation to any purchases made on this Website, or which are otherwise related to this Website or the services or Products being offered on the Website, will be subject to the exclusive jurisdiction of the Courts of Malta.

Changes to Terms

We reserve the right to amend these T&Cs at any time, subject to setting out the updated T&Cs on this page. Whilst we will flag changes on the Website and/or send emails in relation to major changes, it is your responsibility to check the Terms for changes. Should you be in disagreement with any of these T&Cs or any updated version of the T&Cs, you are kindly asked to not use this website and leave its address immediately.

Should you have any questions, concerns, or comments about our Terms please contact us on help@thefashionko.com.

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