Terms and Conditions - Chic Fashion

These Terms and Conditions (“Terms”) apply to the website located at www.chicfashion.ie, associated with Chic Fashion brands or products that direct the viewer or user to these Terms (collectively, the “Site“). In these Terms, the terms “Chic Fashion,” “we,” and “us” refers to A K Green Ireland and its respective subsidiaries and affiliated companies.

Please note that your access to and use of the Site, including making a purchase, is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Site. By accessing or using the Site you agree to be bound by these Terms. If you disagree with any part of the Terms then you should discontinue access or use of the Site.

ABILITY TO USE THE SITE AND/OR MAKE A PURCHASE

In order to accept the Terms and to use the Site, you must be at least 18 years of age (“Minimum Age”). The Site not intended for users under the Minimum Age. You hereby affirmatively represent that
1. You are at least the Minimum Age in the applicable country;
2. You have the consent of your parent(s) to use the Site if you are under 18 years of age;
3. You have all the applicable rights and authority to grant Chic Fashion the rights granted in these Terms; and
4. You have read, understood, and agree to be bound by these Terms. If you are not at least the Minimum Age, do not have parental consent, or you do not agree to all the terms and conditions of these Terms, you may not use the Site.

USE RESTRICTIONS

You understand and accept that all information, data, text, software, music, sound, photographs, graphics, audio, video, message or other material appearing on this Site (collectively, “Content”) are owned by Chic Fashion or it’s licensors. You are expressly prohibited from using any Content without the express written consent of Chic Fashion or its licensors. Except as otherwise stated in these Terms, none of the material may be reproduced, distributed, republished, downloaded, displayed, posted, transmitted, or copied in any form or by any means, without the prior written permission of Chic Fashion, and/or the appropriate licensor. Permission is granted to display, copy, distribute, and download the materials on this Site solely for personal, non-commercial use provided that you make no modifications to the materials and that all copyright and other proprietary notices contained in the materials are retained. You may not, without Chic fashion’s express written permission,’mirror’ any material contained on this Site or any other server. Any permission granted under these Terms terminates automatically without further notice if you breach any of the above terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials. Any unauthorised use of any material contained on this Site may violate domestic and/or international copyright laws, the laws of privacy and publicity, and communications regulations and statutes.

ANY USE OF THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THESE TERMS IS STRICTLY PROHIBITED.

CHANGE IN TERMS

We may from time to time change the terms that govern your use of our Site. We may change, move or delete portions of, or may add to, our Site from time to time. If we make material changes to the Terms, we will notify you by email or through a message posted on the Site. Your continued use of our Site following any such change constitutes your agreement and affirmative acceptance to follow and be bound by the modified Terms. If you do not agree to, or cannot comply with, the Terms as modified, you must stop using the Site.

SUBMISSION OF CONTENT; COMMENTS, IMAGES, VIDEOS AND OTHER CONTENT

For any content you provide to Chic Fashion, on or by the Site, or otherwise disclose, submit or offer in connection with your use of this Site or other websites such as Facebook, Instagram that may interact with this Site, including comments, ideas, images, photographs, video clips, audio clips, graphics, tags, data, materials,
information, and other submissions, including submissions (collectively, ‘User Content’), you specifically grant us a non-exclusive, transferable, sub-license able, royalty-free, fully paid up, worldwide license (but not the obligation) to use any User Content that you post on or in connection with Chic Fashion (“IP License”). The
IP License includes, for example, and without limitations, the right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, in both digital and physical owned channels, and will not be limited in any way in its use or modifications to the submission, whether for commercial purposes or not, of the User Content. In certain circumstances, Chic Fashion may also share your contribution with trusted third parties. You are also granting us a
non-exclusive, transferable, sub-license able, royalty-free, fully paid up, worldwide license (but not the obligation) to use your name, likeness, personality, voice, or any other materials or information you provide to Chic Fashion in connection with your content.

Chic Fashion is not and shall not be under any obligation
1. To maintain any User Content in confidence;
2. To pay you any compensation for any User Content;
3. To credit or acknowledge you for User Content;
4. To respond to any User Content.

You understand and agree that it is your obligation to make sure the User Content you submit to the Site must not violate the rights of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You also understand and agree that User Content you submit to the Site must not be and will not contain libellous or otherwise unlawful, abusive, obscene, or otherwise objectionable material in Chic Fashion’s sole discretion. For example, and without limitation, you may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Site or other websites such as Facebook or Instagram that may interact with this Site.

You are and shall remain solely responsible for any User Content you submit on the Site. You agree that Chic Fashion may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity.

When you publish content or information using the “Public” setting, it means that you are allowing everyone, including other Website users, to access and use that information, and to associate it with you (i.e. your name and profile picture). We advise that you never reveal any personal information about yourself or anyone else
(telephone number, home address, business address, delivery address or email address or any other details that would allow you to be personally identified).

If you do not want to grant Chic Fashion the permission set out above on these terms, please do not submit User Content.

CHIC FASHION MOBILE TEXT MESSAGING TERMS AND CONDITIONS

By texting us, you consent to receive up to 5 automated SMS or MMS text messages per week regarding events, offers and promotions from Chic Fashion, even if your mobile number is registered on any Do Not Call list. You consent to receive text alerts using automated technology, including through an automatic telephone dialling system. By texting us, you also permit Chic Fashion to use location information (e.g., GPS)

By subscribing to our program, you confirm that you are the current subscriber and/or customary user of the mobile number registered and authorised to incur any message or data charges that may be charged by your mobile carrier. You are strictly prohibited from registering a mobile number that is not your own. If we discover that any information provided in connection with your subscription is false or inaccurate, we may suspend or terminate your access to the program at any time. You understand that you do not have to sign up for this program in order to make any purchases (online), and your consent is not a condition of any purchase with Chic Fashion. Your participation in our alerts program is completely voluntary. The program is free, but the message and data rates may apply from your carrier. Check your mobile plan and contact your mobile carrier for details. You are responsible for obtaining and maintaining all mobile devices and other equipment and software, and all internet service provider, mobile service, and other services needed to access and use the program, and you are solely responsible for all charges related to them, including charges from your mobile carrier.

Chic Fashion respects your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.

CHIC FASHION’S COMMUNICATIONS TO YOU

You agree that Chic Fashion may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of Chic fashion’s products or services, or for such other purpose(s) as Chic Fashion deems appropriate.

CONTESTS/PROMOTIONS

Any contests or promotions described or posted on this Site shall be governed by the rules regulating such event.

COLOURS

We have made every effort to display, as accurately as possible, the colours of our products that appear at the Site. 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.

LINKS TO OTHER WEB SITES AND SERVICES

To the extent that this Site contains links to outside services and resources, the availability and content of which Chic Fashion does not control, any concerns regarding any such service or resource, or any link included on the Site, should be directed to the particular outside service or resource. Chic Fashion has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. Chic Fashion shall not be responsible for the protection and privacy of any information which users have provided while visiting such websites. Users should exercise caution and look at the privacy statement applicable to the website in question. You may not create a link to this website from another website or document without our prior consent.

PLACING ORDERS AND CONTRACT CREATION

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

In order to contract with Chic Fashion, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Chic Fashion retains the right to refuse any request made by you, and Chic Fashion reserves the right to close your Chic Fashion account at its sole discretion. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be Chic Fashion or may in some cases be a third party. Where a contract is made with a third party Chic Fashion is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card. You can review/amend your order at any time before clicking on the “PLACE ORDER” button. Unfortunately, orders cannot be amended once they have been placed.

Upon receiving your order we carry out a standard Pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this Pre-authorisation check has been completed. Your card will be debited once the order has been accepted. As your product or products is/are shipped from the warehouse we will send you a dispatch confirmation email, which will confirm that we have accepted your order. If we do not or cannot accept an order placed by you, for any reason, we will notify you. Once you receive the dispatch confirmation email, a contract is formed between you and us in relation to the product or products set out in the email and payment will be taken. No product will be shipped until payment has been made in full. The dispatch confirmation email will contain:

Details of your order;
Anticipated delivery date for your order or orders (if shipped separately);
Information regarding your right to cancel the contract formed with us.

Please check the details of the order confirmation email and the dispatch confirmation email carefully. It is your responsibility to notify us if there are any errors or inconsistencies by contacting Customer Services by email at admin@chicfashion.ie, or by phone on +353 874131766.

Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our Shipping Information Notice for further information.

PRODUCT DESCRIPTION, ERRORS, AND INACCURACY DISCLAIMER

From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions or availability. Any errors are wholly unintentional and we apologise if erroneous information is reflected in product prices, item availability, or in any way affects your individual order.

Please be aware that we present our content ‘as is’ and make no claims to its accuracy, either express or implied. Please also note that because the colours of the products you will see on the Site depend on your monitor/screen, we cannot guarantee that the display of colour will be accurate and some colours may vary.

We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies,
including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies. If your card/PayPal account has already been charged for the purchase and your order is cancelled, we shall issue a credit to you in the amount of the incorrect price.

If you are not completely satisfied with your Chic Fashion purchase, you may return it with your invoice to us by mail. Please see our Return & Exchanges Policy for details.

PRODUCT AVAILABILITY

Most Chic fashion products displayed at the Site are offered in limited quantities and are available in Online stores, while supplies last. That means once an item is gone, it may be gone for good and not appear on the Site again. When an item featured on our Site is no longer in stock, we make every attempt to remove that item from
the Site in a timely manner. In some cases, merchandise displayed for sale at the Site may not be available on the website. Please be aware that some of the goods sold through our Site may not be suitable for children under 18 years of age, so please take extra care when purchasing goods as gifts, for under 18’s.

If you have ordered a product that is unavailable, we will inform you as soon as possible by email and, if applicable, give you an estimated date of when the product is due to be back in stock and available for dispatch to you. Alternatively, you will be entitled to cancel your order and receive a refund from us (if your card/PayPal account has already been charged).

PRICING AND PAYMENT INFORMATION

We have a standard pricing policy which ensures that all of our customers are charged the same price regardless of where they live. The prices displayed at the Site are quoted in euros and are valid and effective in Ireland. All prices advertised are subject to such changes.

Prices quoted on the Site exclude delivery costs which are added to the total cost of the order during the order process, but before you click on the “PURCHASE NOW” button. Please see Shipping Information for delivery costs by Shipping method and item type.

CANCELLATIONS, RETURNS, AND EXCHANGES

Please read our Cancellations, Returns & Exchanges Policy which details how to return unwanted or unsuitable items for a refund or exchange.

We are unable to change the delivery addresses for parcels once the order has been placed. Please note that any changes you make to your account after placing an order will not take effect immediately and won’t apply to orders already placed.

We aim to deliver your ordered products by the estimated date set out in the dispatch confirmation email, or, if no date is given, at the latest within 30 days of the date of the dispatch confirmation email. In the event that your delivery is delayed for any reason within our control, we will do our best to keep you informed of the estimated delivery date. Please note that if the product(s) is/are not delivered within 30 days of the dispatch confirmation email, you are entitled to cancel the order and be refunded any amounts paid by you for that order. Please see our Cancellations, Returns & Exchanges Policy for more information on your right to cancel.

SHIPPING INFORMATION

Please see Shipping Information for delivery costs by destination and item type.

We are unable to change the delivery addresses for parcels once the order has been placed. Please note that any changes you make to your account after placing an order

will not take effect immediately and won’t apply to orders already placed.

Ownership of and risk in the products you have ordered will pass to you at the time they are delivered to you. If you decide to return the product(s) to us for a refund or exchange in accordance with our Cancellations, Returns & Exchanges Policy, the risk will remain with you until you have posted the returned products to us or you have returned the products to a Chic Fashion warehouse.

PROMOTIONAL CODES

Unless otherwise expressly stated in the terms and conditions for a particular promotional code, promotional codes cannot be combined and cannot be used in conjunction with any other offer/discount. For example, unless expressly permitted for a particular promotional code, you cannot use a student discount in combination with another
promotional code. If you have more than one promotional code and the codes cannot be combined, it is up to you to use the promotional code that has the biggest benefit to you.

WARRANTIES; DISCLAIMER

SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES. TO THE EXTENT APPLICABLE LOCAL LAW SPECIFICALLY AND EXPRESSLY PROHIBITS SUCH EXCLUSIONS, THOSE SUCH EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR
USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT CHIC FASHION SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

IF YOU ARE PURCHASING PRODUCTS AS A CONSUMER: UNLESS SPECIFIC WARRANTIES ARE EXPRESSLY GIVEN WHEN YOU PURCHASE PRODUCTS FROM OUR SITE (FOR EXAMPLE, A MANUFACTURER’S WARRANTY), WE DO NOT GIVE ANY WARRANTIES OR GUARANTEES IN RESPECT OF SUCH PRODUCTS OVER AND ABOVE THOSE IMPLIED BY APPLICABLE LAW (THESE INCLUDE, FOR EXAMPLE, THAT THE
PRODUCTS ARE OF SATISFACTORY QUALITY AND REASONABLY FIT FOR ALL THE PURPOSES FOR WHICH PRODUCTS OF THAT KIND ARE COMMONLY SUPPLIED). WE REMAIN RESPONSIBLE, HOWEVER, FOR SUPPLYING PRODUCTS THAT CONFORM TO THE CONTRACT. IF YOU ARE PURCHASING PRODUCTS FROM US AS A BUSINESS: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

LIMITATION OF LIABILITY

NOTHING IN THESE TERMS OF SALE EXCLUDES OR LIMITS OUR LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, PERSONAL INJURY OR DEATH CAUSED BY OUR NEGLIGENCE OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF LAW. ALSO, NOTHING IN THESE TERMS OF SALE LIMITS YOUR STATUTORY RIGHTS IF YOU ARE CONTRACTING WITH US AS A
CONSUMER, INCLUDING YOUR RIGHT TO A REPLACEMENT OR REPAIR WHERE PRODUCTS SUPPLIED, ARE NOT OF SATISFACTORY QUALITY.

SUBJECT TO THE ABOVE, WE ARE ONLY RESPONSIBLE FOR LOSS OR DAMAGE YOU SUFFER THAT IS A FORESEEABLE RESULT OF OUR BREACH OF THESE TERMS OF SALE (FOR EXAMPLE, IF THE LOSS OR DAMAGE WAS AN OBVIOUS CONSEQUENCE OF OUR BREACH OR IF IT WAS CONTEMPLATED BY YOU AND US AT THE TIME WE ENTERED INTO THE CONTRACT). IN ANY EVENT, WE ARE NOT LIABLE FOR:
1) ANY LOSSES, HOWSOEVER ARISING, RELATED TO ANY BUSINESS OF YOURS INCLUDING (WITHOUT LIMITATION) LOST DATA, LOST PROFITS, LOST REVENUES OR BUSINESS
INTERRUPTION; OR
2) ANY SPECIAL OR INDIRECT LOSS OR DAMAGE, HOWSOEVER ARISING, UNLESS THAT LOSS OR DAMAGE IS FORESEEABLE TO BOTH OF US AT THE TIME WE ENTERED INTO A CONTRACT.

IN REGARDS TO YOUR USE OF THE SITE, EXCLUDING THE PURCHASE OF PRODUCTS, IN NO EVENT SHALL CHIC FASHION OR ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS

1) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE SITES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITES (INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM CHIC FASHION), OR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURES, THEFT, DESTRUCTION, FRAUD, OR UNAUTHORISED ACCESS TO CHIC FASHION’S RECORDS, PROGRAMS OR SERVICES;

2) BE LIABLE TO THE USER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, OR THE INABILITY TO USE THE SITES OR ANY OF THEIR FEATURES. THE USER’S SOLE REMEDY IS TO CEASE
USE OF THE SITES. FOR AVOIDANCE OF DOUBT, THE LIMITATION OF LIABILITY UNDER THIS PARAGRAPH DOES NOT APPLY TO PRODUCTS PURCHASED VIA THE SITE.

INDEMNIFICATION

You (and also any third party for whom you operate an account or activity on the Site or any other third party platform such as social media that may interact with the Site) agree to defend (at Chic Fashion’s request), indemnify and hold Chic Fashion harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Site or those conducted on your behalf):
1. Your Content or your access to or use of the Site;
2. Your breach or alleged breach of these Terms and Conditions;
3. Your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;
4. Your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or
5. Any misrepresentation made by you. You will cooperate as fully required by Chic Fashion in the defence of any claim. Chic Fashion reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without the prior written consent of Chic Fashion.

TIME LIMITATION ON CLAIMS

You agree that any claim you may have arising out of or related to your relationship with Chic Fashion must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

GOVERNING LAW & VENUE

These Terms and Conditions are governed by and construed in accordance with the laws of Ireland. For any action at law or in equity relating to the arbitration provision of these Terms and Conditions, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with Chic Fashion exclusively in the Irish Courts.

If any provision of these Terms and Conditions is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of any remaining provisions. Chic Fashion’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Chic Fashion reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Chic Fashion.

TERMINATION

The Terms are effective unless and until terminated by either you or Chic Fashion. You may terminate the Terms at any time. Chic Fashion also may terminate or suspend access to this Site at any time and may do so immediately without notice, if in Chic Fashion’s sole discretion you fail to comply with any term or provision of these
Terms. Upon any termination of the Terms by either you or Chic Fashion, you must promptly destroy all materials, downloaded or otherwise, obtained from this Site, as well as all copies of such materials, whether made under the terms of this these Terms or otherwise.

TRADEMARKS

Chic Fashion is a registered trademark, service mark, and/or trade name of A K Green Ireland. All other trademarks, service marks, and trade names contained in the Site are the properties of the respective owners. Chic Fashion disclaims any proprietary interest in trademarks, service marks and trade names other than its own. No use of these marks may be made without the prior written authorisation of Chic Fashion, except as necessary to accurately identify the products or services of Chic Fashion.

CONTACT US

You may reach us at karthik@chicfashion.ie

A K Green Ireland
The Courtyard
St. Raphael’s Manor
Celbridge
Co. Kildare
W23D430