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Terms & Conditions

PLEASE READ THE FOLLOWING TERMS OF USE (“AGREEMENT”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY THE HighFashionExchange (“HIGH FASHION EXCHANGE,” “WE,” “US”). BY ACCESSING AND/OR USING THE WEBSITE (AS DEFINED BELOW) OR THE SERVICES (AS DEFINED BELOW) IN ANY MANNER, YOU AS THE SINGLE USER OR REPRESENTATIVE OF AN ENTITY OR COMPANY (“YOU,” “THE USER,” “SELLER,” “BUYER,” “MEMBER”), ARE AGREEING TO ALL TERMS OF USE.

ACCESS TO THE SERVICES

Access to and use of this website (“Website”) and the products and services available through this website (“Services”) are subject to the following Agreement, which encompasses terms, conditions, notices (“Terms of Service”) and documents referred to below.

The term “Services” shall include, without limitation, use of the Website and any service HighFashionExchange performs for you and the content, software, tools and features offered by HighFashionExchange on the Website.

Upon access to or use of the Website, you are agreeing to the Agreement, as may be updated by us from time to time. HighFashionExchange shall have the right in its absolute discretion at any time and without notice to amend, suspend, remove or vary the Agreement, its Services and/or any page of its Website.

By visiting this Website and/or submit and/or receive an order, you are communicating with us electronically, and you agree that all agreements, notices, disclosures and other communications that we send to you electronically satisfy any legal requirement that same communications be in writing.

The use of the Website is expressly conditioned upon your assent to all of the terms and conditions of this agreement. If you do not unconditionally agree to all of the terms and conditions of this agreement, you will have no right to use the Website.

We accept no responsibility for third party’s websites to which this Website may link to. Moreover, these terms and conditions do not regulate the supply of services and/or products performed by third parties that appear on this Website through links or other hypertext links, therefore under no circumstance shall HighFashionExchange be considered liable for services and/or products directly supplied by such third parties.

PRIVACY POLICY

HighFashionExchange’s private policy sets out how we will use your information. Upon visiting this Website, you consent to the processing described therein and agree to be bound by privacy policy, which can be found in www.highfashionexchange.com.

OUR SERVICES AND BUSINESS POLICY

The Website is specifically designed for genuine high fashion, luxury goods retailers, and it only deals exclusively in genuine high fashion, luxury goods intended for resale to the final customer.

Upon registration and payment of the annual Membership Fee, you will be able to list an unlimited number of inventories for offer or make immediate purchases through this Website. With the standard membership, your orders/sales are restricted within your city area. An additional membership is required if you wish to order/sell your products outside your city area.

High Fashion Exchange is not directly a party of the transaction between you as the buyer and the retailer and/or you as the seller and the buyer, but only act to facilitate the contact between the users and to perform some ancillary service such as receiving payments on behalf of the seller and providing customer service. Therefore we have no control over nor do we warrant the quality, safety, morality or legality of the products.

High Fashion Exchange requests all retailers using this Website to create reasonable business policies which comply with the High Fashion Exchange’s business policies.

YOUR CONDUCT

To utilize the Services made available by HighFashionExchange, you must be of legal age or legally and validly constituted under the laws of your country of origin. You also certify that you are legally permitted to use and access the Services and take full responsibility for your access, selection and use of the Services. This Agreement is void where prohibited by law, and the right to access and use the Services is revoked in such jurisdictions.

You warrant, represent and agree to High Fashion Exchange that that you will not use this Website and our Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, or rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) misrepresents the source or identity of any content; (v) involves commercial activities and/or sales without the HighFashionExchange’s prior written consent such as contests, sweepstakes, or pyramid schemes; (vi) uploads, installs, constitutes, or embeds malware, virus, worms, Trojan horses, or other harmful content or code, or (vii) impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of HighFashionExchange. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it. You are solely responsible for taking all precautions necessary and/or reasonable to protect yourself, your computer systems and other property from viruses, worms, Trojan horses, and other harmful content and code.

You shall not remove, obscure, or alter any notices or links (e.g., links to HighFashionExchange’s Privacy Policy and Terms of Use) on the Website or any of its features or tools or other Services. In addition, you agree not to distribute or otherwise exploit any Content through any technology or means other than the video playback pages of the Services.

You shall also be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, or software. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.

INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT

All content displayed on the Website, including but not limited to text, graphics, blogs, photographs and video (also known as the “Content”) is the exclusive property of HighFashionExchange, its affiliates or its content suppliers and is protected by any relevant national law concerning copyright, authors rights and database right laws. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy reproduce, modify translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or other proprietary rights not owned by you, (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.

In particular, you may not utilise any data mining, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without HighFashionExchange’s express written consent. You also may not create and/or publish your own database that features substantial (e.g. our data entry listing of product codes) parts of this website without our express written consent.

Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with HighFashionExchange and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to, it is used solely to describe or identify the products and/or services and it is in no way an assertion that such products or services are provided with the endorsement of the respective brand owner.

Under no circumstances will HighFashionExchange be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, transmitted or otherwise made available via the Services. You also acknowledge that HighFashionExchange does not endorse or guarantee any user blogs, video, or any other materials belonging to users and you may not state or imply any such endorsement or guarantee.

REGISTRATION AND SECURITY

To utilize the services of HighFashionExchange, you are required to register with us and select a password for your unique registered ID number which we will provide for you upon registration. You shall provide the HighFashionExchange with accurate, complete and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use a name of another person as a User ID with the intent to impersonate that person; or (ii) use a name as a User ID subject to any rights of a person other than you without appropriate authorization. HighFashionExchange reserves its rights to refuse registration of, or cancel a User ID in its discretion.

Upon registration, you are entitled to use HighFashionExchange’s Website, where you can list an unlimited number of inventory for offer or make immediate purchases. Please note that the offer listings can be modified at any time.

You shall be responsible for maintaining the confidentiality of your password. Although the User’s staff can inquire and make reservation on available stock, only 1 – 3 persons can be designated to transact for member account, which will include but not limited to (i) listing of goods for offer and subsequent changes, (ii) confirmation of transaction and (iii) issuance/receipt of goods in a specified location and preferred time.

MEMBERSHIP AGREEMENT

You are considered to be a Member once you have successfully registered and paid the annual Membership Fee. As the Member, you shall be bound by the terms and conditions set out in the Agreement. HighFashionExchange may amend this Agreement at any time by posting a revised version on the Website and the amendments shall be effective upon such posting.

  1. ENTITLEMENT
  2. As a Member, you are entitled to post goods available for sale as a seller, and view and purchase items posted as a purchaser through a searchable index available on the Website.

  3. MEMBERSHIP FEE
  4. A Membership fee for 12 months will apply or such sum as may from time to time be determined by the HighFashionExchange (“the Membership Fee”) is payable and each Membership shall expire after 12 months from the start of membership registration acceptance.

  5. ELIGIBILITY
  6. To be eligible to be a Member, the Member must be a resident of one of the countries listed on HighFashionExchange’s website; and either be:

    1. at least 18 years old or higher based on the age of majority in the Member’s jurisdiction;
    2. a registered company or corporation in the respective Member’s country;
    3. a sole-proprietor; or
    4. a registered legal entity, with legal liability, within the jurisdiction of said Member’s country.

    The Member must be the beneficial owner of the Membership Account, and conduct businesses only on behalf of the Member, subject to the terms. Up to 3 authorised persons, may be nominated by the Member, to act on behalf of the Member (“Authorised Persons”) and the Authorised Persons are subject to the Agreement.

  7. NECESSARY AUTHORISATION AND NOTIFICATION
  8. The Member must provide HighFashionExchange with the correct and updated information. The Member shall inform HighFashionExchange immediately of any change in the Member’s personal information that is given to HighFashionExchange through customercare@highfashionexchange.com.

    The Member must authorize HighFashionExchange to obtain the Member’s personal and/or business credit report from a credit bureau. The Member also authorizes HighFashionExchange, directly or through third parties, to make any inquiries HighFashionExchange considers necessary to validate the Member’s identity. The Member shall, at the request of HighFashionExchange, forward further information or documentation, such as a taxpayer or national identification number, confirmation of ownership of the Member’s email address or financial instruments.

ORDERS, PRICES AND PAYMENT

By placing an order and/or listing a product, you are offering to purchase from the respective Seller (and not directly from HighFashionExchange, which only acts as a market for users) and/or sell the product to the respective Buyer (and not directly from us) in compliance with the following terms and conditions. All orders are subject to availability and confirmation of the order price.

In order to use the Services made available by the Website you must be of legal age or legally and validly constituted under the laws of your country of origin and possess a valid credit or debit card issued by a bank acceptable to us. We retain the right to refuse any request made by you.

  1. YOUR ROLE AS THE BUYER
  2. When placing an order you undertake that all details you provide to us are true and accurate, that you are of legal age or legally and validly constituted under the laws of your country of origin, that you are an authorised user of the credit or debit card acceptable to us, that there are sufficient funds to cover the cost of the goods, and that you are an authorised retailer of the traded products. Please note that the cost of foreign products and services may fluctuate and that all prices advertised are subject to such changes.

    When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement for information purposes only and does not constitute acceptance of your order. A contract between the respective Seller and you will not be formed until we send you confirmation by a further e-mail.

    Only those goods listed in the latter confirmation e-mail sent at the time of dispatch will be included in the formed contract. If your order is accepted we will inform you of the acceptance by email.

    As the Buyer, you will only be subjected to the following charges: (i) freight charges, (ii) administration charges, (iii) insurance charges, (iv) handling fees (if applicable), (v) cost of goods offered by the Seller. This charge will be immediately held in a reserve account and released to the Seller only upon your acceptance. (v) When the product is received please inspect the goods for discrepancies immediately. The acceptance will constitute full and final settlement of the transaction.

    Dispatch times may vary according to availability. There are no guarantees as to delivery times and delivery estimates should not be relied upon as such.

    1. Pricing and Availability
      The Seller and Buyer shall be responsible to pay the respective export tax and import tax if any.
    2. Payment
      Upon receiving your order we carry out a standard pre-authorisation check on your payment card. Goods will not be dispatched until this pre-authorisation check has been completed.
    3. Once your order and payment details are verified and we have approved your order for shipment, we will email you again to inform you of this. In the unlikely event that we encounter a problem when processing your order, you will receive an email from us detailing the problem and possibly requesting further information.

      High Fashion Exchange reserves the right to not accept your order in the event, for instance, if we are unable to obtain authorization for payment, if shipping restrictions apply to a particular item, if the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or if you do not meet the eligibility criteria.

    4. Acceptance
      Upon delivery, please inspect the product thoroughly. Acknowledgement of parcel shall be deemed to be Acceptance of the goods by the Buyer If you do not accept the goods, please log into HighFashionExchange within 2 hours of receipt and follow the procedures for return of items. HOWEVER, BEYOND THE 2 HOUR PERIOD, BUYER SHALL BE DEEMED TO HAVE ACCEPTED WITHOUT ANY FURTHER RECOURSE.
    5. "NOTE : Goods detained by local customs for whatever reason for a period beyond 7 working days will be deemed as an ACCEPTANCE on the part of the buyer. It is onerous on the buyer to resolve any importation regulations"

  3. YOUR ROLE AS THE SELLER
  4. Upon registration as a member of High Fashion Exchange, you are permitted to list an unlimited number of products for offer. All listed items must qualify for a minimum as listed in the exchange. As the seller, you undertake that you are an authorised retailer of the traded products. Products on offer for sale are identified only through the manufacturer’s/principal’s product code. The product code is universal for all retailers stocking the same brand, and photographs are optional for each stock number. As the Seller, you will have responsibility for all applicable local, import and export taxes.

    All Sellers are required to follow the following packing instructions, whereby you as the Seller must (i) prepare the original manufacturer’s product code and packing box for item before shipment, (ii) check item condition is in good selling order, (iii) remove all local price tags and local product codes, (iv) print out courier delivery instructions and (v) inform your staff of collection schedule.

    To facilitate smoother and faster transactions and deliveries, you are discouraged to enclose personal notes or little individual touches in the delivered items. HighFashionExchange will not be responsible for any damage caused by Seller’s personal touches to the product(s).

    High Fashion Exchange will deduct a commission from cost of goods proceeds due to the Seller within 7 working days after acceptance from Buyer

DISCLAIMER OF WARRANTY AND LIABILITY

The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy. HighFashionExchange has no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services (including, without limitation, viruses, malware, harmful code and user generated content); what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release HighFashionExchange from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. HighFashionExchange makes no representations or warranties regarding the accuracy of descriptions displayed anywhere on the Services, or regarding suggestions or recommendations of services or products offered or purchased through the Services (including, without limitation, the actual size, quality, color, or results of use of such products or services), or that the Services or any Content will be uninterrupted or error-free. HighFashionExchange does not give any warranty of any kind whatsoever regarding the products and Services purchased.

Therefore, it is understood that to the fullest extent allowed by applicable law, in no event shall High Fashion Exchange, its suppliers (including, not limited to their respective officers, directors, employees, or agents), content providers and advertisers be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the linked sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. We, our suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. This does not affect the HighFashionExchange’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

You will also indemnify and hold HighFashionExchange, its affiliates, officers and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and legal fees) from any claims or demand made by any third party due to or arising out of your access to the Services, use of the Services, the violation of this Agreement by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.

WAIVER

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions. Therefore, it is understood that our lack of action in the event of your breach of the conditions may not be construed in any case as a waiver of our right of action.

TERMINATION

This Agreement shall remain in full force and effect while you use the Services (or any part of the Services). You may terminate your use of the Services or your membership at any time. Your membership or access to the Services (and/or any feature thereof) may be suspended or terminated by HighFashionExchange at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. If you breach any of the terms or conditions of this Agreement, HighFashionExchange may also terminate or suspend any and all Services or your access thereto immediately, without prior notice or liability. Upon the termination of your account, your right to access and use the Services, the Website, and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination include, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. High Fashion Exchange will not be obliged to refund any paid Membership fees, partial or otherwise.

QUESTIONS

If you have any questions or notices of violation of this Agreement, please contact the editor of the website or service in question, or send an email to customercare@highfashionexchange.com.

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