Fashion Momo, Inc. (“We” or “Fashion Momo”) is the operator of the website located at www.fashionmomousa.com (the “Website”). This Agreement governs your use of the Website and your purchase of any products from Fashion Momo (the “Products”).
The Website and Products are offered subject to your acceptance of these Terms and Conditions (“Terms” or “Agreement”). These Terms constitute a legally binding agreement between you and Fashion Momo, and you should read them carefully. By agreeing to these Terms, you also agree to the Fashion Momo Privacy Policy, Online Return Policy, Store Returns Policy, and Shipping Policy, each of which is expressly incorporated by reference herein.
THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR IF YOU OPT-OUT. YOU MUST REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING, OR BUYING ANY PRODUCT THROUGH THE WEBSITE.
USER OBLIGATIONS
By downloading, accessing, or using the Website, you represent that you are at least eighteen (18) years old or the legal age of majority, whichever is greater, and you agree to these Terms. You also agree to abide by all applicable local, state, and national laws and regulations concerning your use of the Website. You further represent you shall at all times provide true, accurate, current, and complete information (and updates thereto) when submitting information to Fashion Momo through the Website. You shall only use the Website as permitted by this Agreement, and you shall not use the Website or the Content for any commercial, political, obscene, illegal, or inappropriate purpose. In its sole discretion, Fashion Momo reserves the right to terminate your access to the Website for any or no reason. If you register for an account on the Website, you may be required to designate an email address and password, and there may be additional requirements as designated by Fashion Momo from time to time. You agree to assume all responsibility concerning your use of the Website, including all activity occurring through your password (and related account access). You shall immediately notify Fashion Momo if you suspect or become aware of any loss, theft, or unauthorized use of your password.
PURCHASES THROUGH THE WEBSITE
All purchases made through the Website are subject to our acceptance. This means that we may refuse to accept or cancel any transaction at our sole discretion and without liability to you or any third party. The Website does not permit orders from dealers, wholesalers, or other customers who intend to resell items offered. Fashion Momo expressly conditions its acceptance of your order on your agreement to these Terms and to all additional terms and conditions provided to you on the Website that govern your purchase of certain Products. By ordering Products through the Website, you agree to provide true, accurate, current, and complete information. Fashion Momo reserves the right without prior notice to discontinue or change specifications and prices on products offered on and outside of the site without incurring any obligation to you. Prices and availability are subject to change without prior notice, and Fashion Momo reserves the right to revoke any offer to correct any errors, inaccuracies, or omissions.
Fashion Momo wants you to be satisfied with your purchases from this Website. Please review our Online Return Policy and Store Returns Policy, which are incorporated herein by reference if you wish to return a product.
PRIVACY
You understand, acknowledge, and agree that the operation of certain portions of this website or the receipt of certain information, such as registering or creating an account on this Website, requires the submission, use, and dissemination of certain personally identifiable information. Please note that by providing your mobile phone number to the Website, you are providing Fashion Momo your electronic signature expressly consenting to be contacted by telephone (including by automated dialing systems, prerecorded messages, SMS, and MMS) at the number provided, is on a corporate, state, or national Do Not Call list. You understand that your consent is not required to make a purchase. For a summary of Fashion Momo’s information collection and use, please see Fashion Momo’s Privacy Policy, which is incorporated herein by reference.
ELECTRONIC SIGNATURES AND AGREEMENTS
You acknowledge and agree that by clicking on the button labeled “SUBMIT,” “DOWNLOAD,” “PLACE MY ORDER,” “I ACCEPT,” ANY LINK THROUGH WHICH YOU SUBMIT BILLING OR SHIPPING INFORMATION, or such similar links as may be designated by Fashion Momo to accept these terms and conditions, you are submitting a legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. According to any applicable statutes, regulations, rules, ordinances, or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”), YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR PRODUCTS OFFERED BY FASHION MOMO. Further, you waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records or payments or the granting of credits by other than electronic means.
SALES TAX
Fashion Momo honors each state's guidelines concerning sales and uses tax, determined by the destination address of your shipment. As you proceed through checkout and confirm your shipping details, any applicable taxes will be calculated on your total merchandise value. Additionally, order totals at checkout reflect the estimated tax. The actual charge to your payment method will reflect all applicable state, local, and county taxes and be calculated once your order is shipped.
INTERNATIONAL USERS
The Service is controlled, operated, and administered by Fashion Momo USA from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Fashion Momo USA Content accessed through www.FashionMomoUSA.com in any country or any manner prohibited by any applicable laws, restrictions, or regulations.
COMPLIANCE WITH LAWS
You represent, warrant, and covenant that in accessing and using this website, you shall comply with all applicable laws, rules, and regulations of the United States and any other country from which you access the website, including, without limitation, those relating to the Internet, data, e-mail, privacy and the transmission or exporting of data from the United States or the country in which you are located. Furthermore, you represent, warrant, and covenant that you are not a resident of or domiciled in any country or jurisdiction that Fashion Momo is prohibited from communicating with or exporting to. You agree that you shall not access this website from such a country or jurisdiction.