Terms of service

ANGELFORFASHION.COM Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between you and Angel For Fashion LLC provider of ANGELFORFASHION.COM (“ANGELFORFASHION”, “we”, “us”, or “our”).   

 

IMPORTANT NOTICE:  BY USING THE SERVICES (defined below), YOU:

1. AGREE TO BE BOUND BY:
2. THESE TERMS, INCLUDING THE ASSUMPTION OF RISK, DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, INDEMNITY, AND WAIVER OF JURY TRIAL PROVISIONS, and
3. OUR PRIVACY POLICY, available at [angelforfashion.com]
4. EXPRESSLY CONSENT TO OUR DATA SHARING POLICIES OUTLINED IN THE PRIVACY POLICY.

• REPRESENT AND WARRANT THAT YOU ARE AT LEAST THE LEGAL AGE OF MAJORITY IN YOUR STATE, PROVINCE OF RESIDENCE, OR COUNTRY AND HAVE THE RIGHTS AND AUTHORITY TO ENTER THIS AGREEMENT AND GRANT ANGEL FOR FASHION THE RIGHTS GRANTED HEREIN.

IF YOU DO NOT UNDERSTAND THESE TERMS OR AGREE TO BE BOUND BY THE ABOVE, DO NOT USE THE SERVICES.

1. Agreement

This Agreement governs your use and access to the ANGEL FOR FASHION services, including without limitation the marketplace, website, source code, scripts, interfaces, graphics, displays, text, documentation and other components and information downloaded or available through the Services, and any updates to and portions of the foregoing (collectively, the “Services”) and all content, including without limitation all databases, text, graphics, images, communications and other materials available through the Services (collectively, “Content”).

1. Accounts

Certain features of the Services may only be available to end users who have created one or more accounts with ANGELFORFASHION or opted to login in using a selected third party social media or other account login service (“Accounts”). In order to use or access certain features of the Services, your Accounts must be active.

You agree to take reasonable steps to protect the login details for your Accounts, including without limitation your username and password, and keep them secret. You are responsible for all activities performed using your Accounts whether or not you have authorised the access. 

1. Third Party Terms

You agree to comply with any applicable third-party terms of agreement when using the Services.

1. Products or Services

ANGELFORFASHION provides Services including a website to connect people and businesses to make, sell, and buy goods. As a marketplace ANGELFORFASHION does not manufacture, store, or inspect any of the items sold through our Services.

Products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to the seller or item Return Policy.

We have made every effort to display as accurately as possible the colors and images of products that are available in the marketplace. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

We reserve the right to change at anytime without notice, at our sole discretion, all descriptions of products or product pricing. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We reserve the right to refuse and or restrict any order you place with us. We reserve the right to limit the quantities of any products or services that we offer per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

1. Accuracy Of Billing and Account Information

You agree to provide current, complete and accurate purchase and account information for all purchases made on our Services. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates with the payment provider, so that we can complete your transactions and contact you as needed.

For more detail, please review the seller or item Return Policy.

1. Our Intellectual Property Rights

The Services and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated with the Services are, and shall remain, the property of ANGELFORFASHION and/or its affiliates, partners, suppliers and licensors.  All other trademarks not owned by ANGELFORFASHION that appear in any ANGELFORFASHION Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ANGELFORFASHION. Except as expressly stated in these Terms, you are not granted any intellectual property rights in or to the foregoing. All rights not expressly granted in these Terms are reserved and retained.

1. DMCA Policy

ANGELFORFASHION takes the protection of copyrights seriously. We therefore employ measures to prevent copyright infringement on the Services and to promptly end any infringement. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf , and specifically in accordance with 17 USC § 512(c)(3), ANGELFORFASHION will respond expeditiously to claims of copyright infringement if such claims are properly reported to ANGELFORFASHION’s Designated Copyright Agent in accordance with the mechanisms below.

• DMCA Notice of Alleged Infringement (“Notice”)

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive copyright, please report alleged copyright infringements taking place on or through the Services by completing a written DMCA Notice of Alleged Infringement and delivering it to ANGELFORFASHION’s Designated Copyright Agent. Upon receipt of Notice as described below, ANGELFORFASHION will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Services. Please note that if you fail to comply with all of the requirements of this section and of 17 USC § 512(c)(3) your DMCA notice may not be valid. In particular your Notice must include:

• Your full legal name and your address, telephone number, and email address;
• Identification of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by your Notice, a representative list of the copyrighted works that you claim have been infringed;
• Identification of the allegedly infringing material and information reasonably sufficient for us to locate it, including (if applicable) the URL;
• A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement that the above information in your Notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf; and
• Your electronic or physical signature.

Deliver the Notice to ANGELFORFASHION’s Designated Copyright Agent, identified below. We will forward the Notice to the person who submitted the allegedly infringing material and may forward it to other relevant parties.

Copyright Agent:
Angel For Fashion LLC

ANGELFORFASHION.COM

contact@angelforfashion.com

2880 Bicentennial Pkwy Ste 100 #233, Henderson, Nevada 89044

• DMCA Counter-Notice of Alleged Infringement

If you have a good faith belief that your content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright holder, the holder’s agent, or pursuant to law, to post and use the material in your content, you may send a Counter-Notice containing the following information to ANGELFORFASHION’s Copyright Agent:

• Your full legal name, physical address, telephone number, and email address,
• Identification of the material that has been removed (or to which access was disabled) and the location at which the material appeared before it was removed or access to it was disabled;
• A statement under penalty of perjury that you have a good faith belief the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
• A statement that you consent to the jurisdiction of the federal district court located in the district in which your address is located, or if your address is outside of the United States, the judicial district in which ANGELFORFASHION is located, and will accept service of process from the claimant; and
• A physical or electronic signature.

If a proper Counter-Notice is received by the Copyright Agent, ANGELFORFASHION will send a copy of the Counter-Notice to the original complaining party informing that person that it will replace the removed content or cease disabling it in ten business days. Unless the original complaining party files an action seeking a court order against ANGELFORFASHION or the person who has posted allegedly infringing content, the removed content will be replaced, or access to it restored, in ten business days or more after receipt of the Counter-Notice.

• Policy Regarding Repeat Infringers

ANGELFORFASHION does not condone or tolerate copyright infringement or any violation of the intellectual property rights of ANGELFORFASHION or of others. ANGELFORFASHION reserves the right to terminate the access and/or use privileges of any person who has been determined to be a ‘repeat infringer’ of the copyrights of ANGELFORFASHION or others. ANGELFORFASHION reserves the right to define the criteria by which ANGELFORFASHION will determine that a person is a ‘repeat infringer.’ In the event that repeat infringer’ is defined by statute, law, or regulation as applicable to 17 USC § 512, ANGELFORFASHION will adopt that definition as a minimum standard. Without limiting ANGELFORFASHION’s right to define ‘repeat infringer,’ as a general rule, ANGELFORFASHION will define a ‘repeat infringer’ as any person or entity about whom ANGELFORFASHION has received two or more DMCA Notices of Alleged Infringement. ANGELFORFASHION will take into account all relevant facts and circumstances when determining whether or not termination of access and/or use privileges of a ‘repeat infringer’ is appropriate.

REGARDLESS OF WHETHER ANGELFORFASHION TERMINATES ACCESS AND/OR USE PRIVILEGES OF ANY PERSON OR ENTITY, ‘REPEAT INFRINGER’ OR OTHERWISE, ANGELFORFASHION IN NO WAY WAIVES ANY RIGHT TO PURSUE ANY AVAILABLE REMEDY AT LAW OR IN EQUITY AGAINST COPYRIGHT INFRINGERS OR ANY OTHER INTELLECTUAL PROPERTY RIGHTS VIOLATORS, NOR WILL ANGELFORFASHION INDEMNIFY OR PROVIDE LEGAL REPRESENTATION TO ANY ALLEGED INFRINGER IN ANY ACTION ARISING FROM THE ALLEGED INFRINGER’S USE OF ANY ANGELFORFASHION WEBSITE OR SERVICE, EXCEPT AS EXPRESSLY DESCRIBED IN THIS NOTICE.

1. User Content; Social Media Content

The Services may be visible to anyone on the internet and provide features that allow you to communicate publicly and/or submit information such as your name, username, email address, comments, photographs and videos (collectively, “User Content”) and to publicly share User Content (“Social Media Content”).  You agree not to submit any User Content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing the intellectual property rights (including publicity rights), or otherwise injurious to third parties, consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. 

You understand that you may be contacted by third parties as a result of your public submissions and that we are not responsible for preventing unwanted contact. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content.  We reserve the right to remove or edit any User Content in violation of this paragraph, including through the use of automated content filters, though we do not assume any obligation to regularly review the same.  You represent and warrant that you own or otherwise control all of the rights to the User Content, that the User Content is accurate, and that use of the User Content you supply does not violate these Terms and will not cause injury to any person or entity. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any User Content posted by you or any third party.

You hereby grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display your Social Media Content throughout the world in any media. You grant us and our sublicensees the right to use the name that you submit in connection with such content, if we or they choose to do so.

1. Term and Termination

These Terms are effective until terminated by you or us.  We may, in our sole and absolute discretion, at any time and for any or no reason, suspend or terminate these Terms and the rights afforded to you under these Terms, with or without prior notice.  Your rights under these Terms will terminate automatically if you fail to comply with any of its terms or discontinue your access to the services.  Upon termination of these Terms, you must discontinue all use of the Services.

The provisions set forth in the following sections of these Terms shall survive the termination of these Terms: 3-6 and 10-14.

1. Disclaimer of Warranties

YOUR USE OF OR RELIANCE UPON THE SERVICES, CONTENT, PRODUCTS, AND ANY THIRD PARTY CONTENT, PRODUCTS, SOFTWARE, AND SERVICES ACCESSED THEREBY IS SOLELY AT YOUR SOLE RISK. 

YOU UNDERSTAND THAT ANGELFORFASHION PROVIDES ONLY THE MARKETPLACE VENUE AND DOES NOT MANUFACTURE, STORE, OR INSPECT ANY OF THE ITEMS SOLD THROUGH OUR SERVICES. THE ITEMS ON OUR SERVICES INCLUDING IN OUR MARKETPLACES ARE PRODUCED, LISTED, AND SOLD DIRECTLY BY INDEPENDENT SELLERS, ANGELFORFASHION CANNOT AND DOES NOT MAKE ANY WARRANTIES ABOUT THE ITEMS QUALITY, SAFETY, AUTHENTICITY, OR THEIR LEGALITY.

YOU UNDERSTAND ANY LEGAL CLAIM RELATED TO AN ITEM YOU PURCHASE MUST BE BROUGHT DIRECTLY AGAINST THE INDEPENDENT SELLER OF THE ITEM. YOU RELEASE ANGELFORFASHION FROM ANY CLAIMS RELATED TO ITEMS SOLD THROUGH OUR SERVICES, INCLUDING FOR DEFECTIVE ITEMS, MISREPRESENTATIONS BY SELLERS, OR ITEMS THAT CAUSED PHYSICAL INJURY (LIKE PRODUCT LIABILITY CLAIMS).

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, CONTENT, AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.  ANGELFORFASHION HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND GUARANTIES REGARDING THE SERVICES, CONTENT, PRODUCTS, AND THIRD PARTY CONTENT, PRODUCTS, SOFTWARE, AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, COMPATABILITY, QUIET ENJOYMENT, SECURITY, ACCURACY AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

IN ADDITION, ANGELFORFASHION MAKES NO WARRANTY THAT: (I) THE SERVICES, CONTENT, PRODUCTS, OR THIRD PARTY CONTENT, PRODUCTS, SOFTWARE, AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES, CONTENT, PRODUCTS, OR THIRD PARTY CONTENT, PRODUCTS, SOFTWARE, AND SERVICES WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE SERVICES WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE SERVICES, CONTENT, PRODUCTS, OR THIRD PARTY CONTENT, PRODUCTS, SOFTWARE,  AND SERVICES WILL BE CORRECTED.

YOU ACKNOWLEDGE THAT ANGELFORFASHION HAS NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

1. Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL ANGELFORFASHION OR ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS BE LIABLE FOR PERSONAL INJURY OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE, OR INABILITY TO ACCESS OR USE, THE SERVICES, CONTENT, PRODUCTS, AND ANY THIRD PARTY CONTENT, PRODUCTS, SOFTWARE,  AND SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), AND WHETHER OR NOT THE DAMAGES WERE FORESEEABLE OR THEY WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Without limiting the generality of the foregoing, ANGELFORFASHION’s aggregate liability to you (whether under contract, tort, statute or otherwise) shall not exceed the amount of fifty dollars ($50.00). You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between ANGELFORFASHION and you. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

1. Indemnification

You shall indemnify, defend and hold harmless ANGELFORFASHION and its affiliates, partners, suppliers and licensors, and each of their respective officers, directors, agents and employees (the “Indemnified Parties”) from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, reasonable attorney’s fees, investigation fees, and professional and technical advisor fees) arising out of or in connection with: (i) your access and use of the Services, Content, Products, and any third party content, products, and services; (ii) your breach of these Terms; (iii) your violation of law; (iv) your negligence or willful misconduct; or (v) your violation of the rights of a third party, including the infringement by you of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity.

1. Governing Law; Jurisdiction and Venue; Waiver of Right to Jury Trial

Except to the extent set forth in the following paragraph, these Terms shall be governed by and construed in accordance with the laws of the New York, excluding its principles of conflict of laws. Any suit, action or proceeding arising out of or in connection with these Terms shall be brought before the appropriate state or federal court located in New York, and each of the parties hereby consents to the exclusive jurisdiction of those courts (and of the appropriate appellate courts therefrom) in any suit, action or proceeding and irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of the venue of any suit, action or proceeding in any of those courts or that any suit, action or proceeding which is brought in any of those courts has been brought in an inconvenient forum.  We each waive any right to a jury trial in any suit, action or proceeding arising out of or in connection with these Terms.

If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

Specifically excluded from Software to these Terms is that law known as the United Nations Convention on the International Sale of Goods.

1. Miscellaneous

(a) Severability. In the event that any portion of these Terms shall be declared invalid by order, decree or judgment of a court with respect to a party, the remainder of these Terms, or the Services of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of these Terms shall be valid and enforceable to the fullest extent permitted by law, except when such construction would operate as an undue hardship on a party or constitute a substantial deviation from the general intent and purpose of the parties as reflected in these Terms.

(b) No Waiver. Except as provided herein, the failure to exercise a right or require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.

(c) Third Party Beneficiaries. Nothing contained in these Terms is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person.

(d) Entire Agreement. These Terms and the documents incorporated herein by reference constitute the entire agreement with respect to the use of the Services licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter.  No advice or information, whether oral or written, obtained by you from ANGELFORFASHION, its affiliates, partners, suppliers and licensors or provided through the Services shall create any representation, warranty or guaranty.

(e) Modification or Amendment. We may prospectively modify or amend these Terms by providing notice in the Services.  You will be deemed to have agreed to any such modification or amendment by continuing to use the Services following the date on which such notice is provided.

Angel For Fashion Vintage

Angel For Fashion Vintage (“AFF Vintage”) is operated by Angel For Fashion, a U.S.-registered company. Vintage items are fulfilled and shipped from Spain.

By purchasing from AFF Vintage, you agree to the following terms:

Product Condition & Authenticity

All vintage and pre-owned items are carefully curated and authenticated prior to sale. AFF Vintage is not affiliated with, endorsed by, or an authorised reseller of the brands featured unless explicitly stated.

Due to the nature of vintage and pre-owned merchandise:

• Items may show signs of prior wear.

• Any notable flaws or condition details will be disclosed in the product description.

• Minor signs of age consistent with vintage items are not considered defects.

All items are sold as described.

Limitation of Liability

AFF Vintage is not liable for:

• Normal wear consistent with vintage condition.

• Delays caused by shipping carriers.

• Customs-related delays or charges.

Our liability is limited to the purchase price of the item.

BRAND DISCLAIMER

Governing Law

These Terms are governed by the laws of the United States.

(f) Notices. You may direct any questions, complaints or claims related to these Terms or the Services to ANGELFORFASHION at contact@angelforfashion.com.