Information about e-World Fashion

Terms of use

                                                                             USER AGREEMENT

This USER AGREEMENT (this “Agreement”), by and between e-World Fashion LLC (“e-World Fashion”) and any person agreeing to this Agreement and/or using any website, application or services (collectively, “Services”) maintained by, or related to services offered by, e-World Fashion (the “User” and, collectively with e-World Fashion, the “Parties”) sets forth the terms governing the User’s access to and use of the Services.  Reference is hereby made to each of the Return Policy, Privacy Notice, California Privacy Notice, Cookie Notice and any other terms, conditions, policies or notices posted from time to time on e-World Fashion’s website(s) (collectively, “Policies”), which are incorporated by reference in this Agreement as though fully set forth herein.

1.     Services(Subscription) and Commission Fees

(a) e-World Fashion  provides a personalized subscription service that allows our members to list Fashion &  Accessories over the website https://www.e-worldfashion. Also e-World Fashion charges commission fees based on the total amount of the sale.
You have accepted these Terms of Use, which govern your use of our service. Personally identifying information is subject to our Privacy Statement, the terms of which are incorporated herein. Please review our Privacy Statement to understand our practices.

Membership 

1.1. Your e-World Fashion  membership will continue and automatically renew until terminated. Your e-World Fashion  membership will continue and automatically renew until terminated. To use the e-World Fashion service you must have Internet access and and provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account. You must cancel your membership before it renews in order to avoid billing of the membership fees for the next billing cycle to your Payment Method (see "Cancellation" below). 

 
1.2. e-World Fashion may offers a number of membership plans, including special promotional plans. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your e-Worl Fashion  membership by visiting our website and clicking on the "Account" link.

Free Trials 

1.3. Your e-World Fashion membership may start with a free trial. The duration of the free trial period of your membership lasts will be specified during sign-up and is intended to allow new and certain former members to try the service. 

1.4. Free trial eligibility is determined by e-World Fashion  at its sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. 

1.5. e-World Fashion will charge the membership fees for your next billing cycle to your Payment Method at the end of the free trial period and your membership will automatically renew unless you cancel your membership prior to the end of the free trial period. To view the applicable membership price check you PayPal account.

1.6. Billing Cycle. The membership fee for the e-World Fashion  service any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific billing date indicated on your PayPal. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. 

1.7. Payment Methods. To use the e-World Fashion platform, you must provide one or more Payment Methods. You authorize e-World Fashion to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to e-World Fashion for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, e-World Fashion may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Unbilled charges will be raised as an invoice. An attempt to collect payment will be made. e-World Fashion can apply refundable credits/excess payments, if any, to unpaid invoices.Check with your Payment Method service provider for details. 

1.8  Updating your Payment Methods. You can update your Payment Methods by going to the "Account on PayPal" page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s). 

1.9. Cancellation. You can cancel your e-World Fashion membership at any time, and you will continue to have access to the platform service through the end of your billing period. To cancel, you have to contact e-World Fashion by email. If you cancel your membership, your account will automatically close at the end of your current billing period. 

1.10. Changes to the Price, Changes to Commission fees price and Subscription Plans. e-World Fashion reserve the right to change the  subscription plans or adjust pricing for e-World Fashion service or any components thereof in any manner and at any time as we may determine in their sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes or changes to your subscription plan will take effect following notice to you. 

1.11. No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

1.12 Commission Fees. e-World Fashion charges commission fees over the  website   https://www.e-worldfashion. 

2. Service (Sell, Buy, Rent, Barteand Giving away)

(a)   As part of the Services, e-World Fashion may make available to Users one or more platforms (the “Platform”) that will serve as a marketplace for Users to sell, buy, barter and/or rent directly to, from and with other Users the types of goods authorized by e-World Fashion from time to time, which may include, for example but without limitation, clothing items and fashion accessories (“Items”).

(b)   e-World Fashion does not function as a seller, exchange agent, lessor, guarantor or auctioneer, and every contract of sale or exchange is exclusively between Users.

(c)    e-World Fashion does not guarantee the legitimacy, quality or safety of Items, accuracy of Item listings or willingness or ability of Users to complete transactions or satisfy their obligations, and e-World Fashion does not exercise any control over same.  Any facilitation or guidance supplied by e-World Fashion, such as listing, pricing or shipping guidelines, is solely for informational purposes and shall not be relied upon by Users.

3.     Use of Services

(a)   The User covenants and agrees that the User shall not do any of the following in connection with the Services:

                                             (i)     violate any applicable law, communicate in a manner that is offensive, obscene, pornographic, violent, threatening or defamatory or engage in any false, misleading or deceptive activity;

                                            (ii)     breach any contract with another User or otherwise fail to complete a transaction with, or satisfy an obligation to, another User;

                                           (iii)     participate in any transaction involving counterfeit Items or otherwise engage in any activity that infringes the trademark, patent, copyright or other intellectual property right of e-World Fashion, any other User or any third party;

                                           (iv)     circumvent or interfere with the functioning of the Services, including by imposing an unreasonable or disproportionately large load on the related infrastructure, use any robot, data mining tools or other automated means to access the Services or distribute viruses or other technologies that may harm e-World Fashion, its contractors or other Users;

                                            (v)     commercialize any Services or related information other than exclusively for the User’s use in accordance with this Agreement; or

                                           (vi)     access or use the Services if the User’s account contains false contact information.

(b)   e-World Fashion may refuse, modify or terminate all or part of the Services to anyone and/or add, modify or delete any content for any reason in its sole discretion.

(c)    The User must not be considered a child pursuant to applicable law or otherwise lack the capacity to enter into a binding legal contract, and in any event the User must be not less than eighteen years of age.

4.     Selling

(a)   Permissible Items.  e-World Fashion may from time to time post, publish or otherwise designate the types of Items that may be exchanged via the Services.  Any Items that are not authorized by e-World Fashion for exchange via the Services are prohibited.  Users shall not list, communicate about or engage in any transaction involving unauthorized Items.  e-World Fashion shall have sole discretion with respect to the authorization or prohibition of any Item, and e-World Fashion may generally authorize a category of Items but prohibit one or more specific Items within the category, or vice versa (for example, e-World Fashion may choose to allow exchange of clothes and fashion accessories but prohibit prescription sunglasses and smart watches).  e-World Fashion may implement any change to permissible, restricted or prohibited Items at any time, including without limitation after an affected Item is listed.  In no event shall any User promote, offer, sell or exchange any Item that is, or is reasonably suspected to be, counterfeit, knock-off, not genuine, infringing or not authorized for sale.

(b)   Listing Policy.

                                             (i)     e-World Fashion may remove any listing from the Services at any time for any or no reason.  e-World Fashion may modify, supplement or correct any content. 

                                            (ii)     Users must write their own descriptions and use their own images in any Item listing.  Listings shall not include cookies, metatags, JavaScript, videos or other programming, links or third-party endorsements.

                                           (iii)     Listings must be for a physical Item and cannot be duplicative.

                                           (iv)     Listings must be accurate and not deceptive or misleading.  Listings must clearly and accurately describe the location of the Item.

                                            (v)     The User shall not manipulate the Services’ search and browse experience by including keywords in listings that do not meaningfully describe the Item.

                                           (vi)     The User listing an Item assumes full responsibility for the offer of the Item and accuracy and content of the listing.

                                          (vii)     Listings should include photographs of the Item that are not misleading.

                                        (viii)     e-World Fashion shall have no liability to a User for whether and how a listing appears in browse or search results.

                                           (ix)     Listing an Item or paying for Services does not entitle a User to exclusive rights with respect to the Item on the Platform, and for example but without limitation, e-World Fashion may publish advertisements or other content in its sole discretion and without needing anything from, or owing anything to, any User.

                                          (x)     Every product listing including description must be in English.

(c)    Selling Policy.

                                             (i)     Users listing Items for sale (“Sellers”) must adhere to all standards required by e-World Fashion, including without limitation charging reasonable shipping costs, accurately estimating shipping time, responding to questions promptly, ensuring transactions are completed as described in the listing and actively reviewing and updating listings for accuracy. 

                                            (ii)     Sellers must specify one or more shipping methods and ship each Item sold in a manner that meets or exceeds the expectations associated with the shipping method chosen by the User who purchased the Item (the “Buyer”).  Listings for free shipping cannot have any shipping or handling charges and must be shipped at least as quickly as the slowest shipping method listed.  Sellers should supply Buyers with shipment tracking information if available.  Transactions of five hundred dollars ($500.00) or more require signature confirmation if available.

                                           (iii)     Listings must specify the condition of the Item, and if the Item is used, must include a photograph of the actual Item.  If there are terms and conditions of the transaction, they must be detailed in the listing. The seller  cannot  list as used: Swimsuits, swimwear, socks, loungewear/pajamas, lingerie, sleepwear, underwear.

                                           (iv)     Sellers must detail in the listing any return policies offered.  If a listing fails to describe a specific return policy, the Return Policy shall apply.

                                            (v)     Pricing must be independent and not coordinated with any other Sellers or other sellers of similar goods.  Sellers must accept any payment methods mandated by e-World Fashion, such as credit card and PayPal and the currency for buying and selling has to be in US dollars. Sellers shall not offer or accept any payment methods not allowed by e-World Fashion, including without limitation cash or cash transfer services such as Western Union or MoneyGram.  Any payment processing fees shall be borne by the Seller exclusively.

                                           (vi)     Sellers shall not directly or indirectly engage in, promote, induce or allow shill bidding or bidding or purchasing an Item being sold by the Seller, including through acquaintances or other accounts, in order to artificially inflate its price or desirability or circumvent any requirement.

                                          (vii)     Sellers exclusively shall be responsible for compliance with all applicable law and shall comply with all applicable law.  Sellers shall not discriminate against any User who is a member of a legally-protected class.

(d)   Taxes and Fees.

                                           (i)     e-World Fashion will list the fees charged for using the Services and may change any fees from time to time by posting the changes online, with any increases in fees being effective ten (10) days after posting. 

                                            (ii)     Sellers must pay all transaction fees with respect to sales made using the Services in whole or in part, even if any aspects of the transaction are processed independently of the Services, including for example if Users finalize a transaction directly rather than via a Platform.

                                           (iii)     A User shall not directly or indirectly engage in, promote, induce or allow any activity that avoids e-World Fashion fees, including without limitation making offers to buy, sell, barter or rent Items outside of the Platforms, linking or promoting content that can be used to order items outside of the Platforms, requiring a purchaser to make additional purchases or agree to terms not included in the listing, charging excessive shipping and other fees not included in the price, passing Seller fees to the purchaser, falsely reporting unpaid items or refusing payment for a successful transaction or changing listing information to sell a different Item rather than listing a new Item.

                                           (iv)     Sellers are exclusively responsible for collecting and remitting any sales and similar taxes with respect to transactions using the Services.  Subject to applicable law, e-World Fashion has the option, but not the obligation, to collect and remit any of same at the Sellers’ expense.  Sellers must not misrepresent where Items are located and must maintain their registration address up-to-date.  Sales tax may be added on the listing price or at checkout, depending upon the Item location and the purchaser’s shipping address.  Sellers should only charge tax in jurisdictions where they are authorized to do so and should only collect the legally-authorized amount.  Sellers shall provide e-World Fashion copies of permits, authorizations and similar documentation for each jurisdiction in which they are authorized to collect sales tax.  Sellers exclusively are responsible for customs clearance.

                                            (v)     Sellers must maintain a valid payment method on file with e-World Fashion and pay all fees and taxes associated with the Services by the due date thereof.

                                           (vi)     Sellers shall report all income earned from transactions involving the Services and pay taxes with respect thereto.  Sellers shall pay all value added tax, goods and services tax, similar consumption taxes and use taxes with respect to the Services or related payments.

5.     Buying

(a)   A User purchasing an Item using the Services (the “Buyer”) must pay for any Item the Buyer commits to buying.  By purchasing an Item or placing a bid thereupon, the Buyer agrees to a binding contract with the Seller to complete the purchase at the stated price.  Section 2-401(2) of the Uniform Commercial Code shall apply to the transfer of ownership between the Seller and the Buyer unless they agree otherwise.  e-World Fashion does not transfer legal ownership of Items to Buyer or from the Seller to the Buyer.

(b)   The Buyer is responsible for reading the entirety of the Item listing before committing to buy it or making a bid thereupon.

(c)    The Buyer shall not abuse the Seller feedback system, including threatening a Seller to leave negative feedback unless the Seller does something for the Buyer, soliciting or accepting something of value in exchange for leaving positive feedback or providing false information in association with any feedback.  Outside of leaving accurate feedback, Buyers shall not communicate with other Users to warn them about a Seller or otherwise interfere with other Users’ transactions.

6.     Bartering and Giving away

(a)   e-World Fashion may from time to time allow Users to give away, barter, trade or exchange (collectively, “Exchange”) Items within parameters set forth by e-World Fashion.  Users engaging in activity related to Exchanges (“Exchangers”) ("Givers away") shall adhere to the parameters set forth by e-World Fashion and any existing or additional Policy maintained by e-World Fashion with respect thereto.

(b)   Exchangers and Givers away must adhere to all applicable obligations of Sellers and Buyers pursuant to this Agreement.

(c)    Valuation of Exchanges and Gives away shall be determined by e-World Fashion in its sole and absolute discretion.  Each Exchanger and Giver away shall pay to e-World Fashion all fees mandated by e-World Fashion with respect to Exchanges and Gives away.  All activity in relation to the Services is at the User’s own risk, and without limitation, the User exclusively shall determine all legal, tax and other implications of engaging in Exchanges and Gives away and comply with all applicable law with respect thereto.

(d)   An agreement to Exchange shall be a binding contract between Exchangers.  Exchangers shall timely fulfill all obligations with respect to Exchanges, including shipping Items, and unless otherwise agreed with an Exchanger, an Exchanger shall not wait to ship an Item being Exchanged until after receiving the other Item being Exchanged.

7.     Renting

(a)   e-World Fashion may from time to time allow Users to temporarily lease Items to other Users within parameters set forth by e-World Fashion (“Rentals”).  Users engaging in activity related to Rentals shall adhere to the parameters set forth by e-World Fashion and any existing or additional Policy maintained by e-World Fashion with respect thereto.

(b)   Users leasing Items to other Users (“Lessors”) must adhere to all applicable obligations of Sellers pursuant to this Agreement, and Users renting Items from other Users (“Renters”) must adhere to all applicable obligations of Buyers pursuant to this Agreement.

(c)    Lessors shall pay to e-World Fashion all fees mandated by e-World Fashion with respect to Rentals.  Fees may be based upon the amount of Rental payments, the Rental term, both or otherwise as determined by e-World Fashion in its sole discretion.  Unless otherwise set forth by e-World Fashion, fees charged by e-World Fashion for Rentals shall be earned and due immediately and shall not be contingent upon a Renter’s adherence to the terms of the Rental agreement, satisfaction of payment obligations, return of the Item and/or maintenance of the Item in good condition.

(d)   Except as otherwise set forth in the Rental agreement, with which the Renter shall comply, the Renter shall timely pay in full all amounts owed with respect to the Rental, maintain the Item in good condition, reasonable wear and tear excepted, and timely return the Item when the Rental is finished.  If the Renter must make payments over a period of time, the Renter shall actively maintain a valid payment method on file with the account.

(e)   All activity in relation to the Services is at the User’s own risk, and without limitation, Users engaged in activity related to Rentals shall determine all legal, tax and other implications of engaging in Rentals and comply with all applicable law with respect thereto.

8.     Content

(a)   Users providing content in using the Services grant e-World Fashion a perpetual, irrevocable,                    non-exclusive, worldwide, royalty-free right to exercise any and all intellectual property rights the Users have in the content in connection with the promotion, provision and expansion of the Services in any media now known or developed in the future, including sublicensing.  To the fullest extent permitted by law, the User waives its right to enforce any intellectual property right with respect to such content against e-World Fashion, its sublicensees or its or their assignees in connection with their use of the content in relation to the Services.

(b)   The User represents and warrants that, for all content provided in using the Services, the User owns or otherwise has all rights necessary to do so and satisfy the User’s obligations pursuant to this Agreement, the content is accurate, and the use of the content by e-World Fashion, its contractors and Users in furtherance of this Agreement does not and will not infringe upon anyone’s intellectual property rights.

(c)    e-World Fashion’s name, trademarks, logos and designs are trademarks, service marks or trade dress of  e-World Fashion and may not be used without the prior express written permission of e-World Fashion.


The e-World Fashion name and logo are registered trademarks in the US. Use of the e-World Fashion name and logo are only allowed if an individual or organization has a written license agreement with e-World Fashion.

These guidelines explain when you can and can't use the e-World Fashion logo, name, or screenshots of the e-World Fashion website.

d) Use of the e-World Fashion name

You may use the e-World Fashion name to refer to e-World Fashion (for example, "Check out my accessories on e-World Fashion" or "I sell on e-World Fashion") provided you adhere to the following guidelines:

Your use can't mislead consumers as to any e-World Fashion sponsorship, affiliation, or endorsement of your company, products, or services. When referring to e-World Fashion, use the e-World Fashion name in a plain text font and format only. Never use the e-World Fashion logo in a sentence.

e) e-World Fashion Partner Network

You can't use any other e-World Fashion logo or graphic to link to e-World Fashion.

f) Use of the e-World Fashion logo

You may not use the e-World Fashion logo unless you are granted an express written trademark license by e-World Fashion.

g)Use of screenshots

You may not use screenshots from e-World Fashion unless you are granted an express written license by e-World Fashion.

h)Prohibited use of the e-World Fashion name and logo

e-World Fashion does not permit the use of its name and logo for any of the following:

Business cards
As website links
Domain names
Name of youre-World Fashion store or your user name
Mailing labels
Store windows
Referring to e-World Fashion in a way that could lead someone to believe that you are sponsored by, affiliated with, or endorsed by  e-World Fashion.

i) e-World Fashion domain names

e-World Fashion owns exclusive trademark rights to the e-World Fashion name in the US. We don't allow the registration, ownership, use, or sale of a domain name containing "e-World Fashion" Listings that attempt to sell an e-World Fashion domain name are removed from e-World Fashion Company.

While it's popular to register, use, and sell domain names (including on e-World Fashion), you generally aren't allowed to own, sell, or use a domain name that contains a trademark owned by another person or company. For more information, see the Anticybersquatting Consumer Protection Act of 1999.

j) When written permission from e-World Fashion is required

You must request written permission from e-World Fashion for the use of eBay intellectual property as follows:

Any use of the e-World Fashion logo
Any use of e-World Fashion screenshots
Any use of the e-World Fashion name in books, on merchandise, or for sponsorships, including conferences
Please note that we reserve the right to deny your request at our sole discretion. You can  email us at team@e-worldfashion.com.

9.     Communications

(a)   e-World Fashion and its authorized service providers may contact the User using autodialed or prerecorded telephone calls and text messages to any telephone number that the User provided for advertising or    marketing purposes, to discuss the User’s account, to resolve a dispute, to collect a debt or otherwise to       service the account or enforce this Agreement, the Policies, applicable law or any other agreement.  Standard charges may apply.  This consent is not required as a condition of any purchase.  Should a User not wish to receive such communications, the User may change the User’s communications preferences by contacting e-World Fashion.

(b)   The User hereby agrees that e-World Fashion may monitor or record telephone conversations between    e-World Fashion or its agents and the User or anyone acting on the User’s behalf for quality control, training purposes or e-World Fashion’s protection.

(c)    e-World Fashion may review, analyze and intercept the contents of messages sent through any messaging functionality of a Platform, including messages between Users, to detect and prevent fraud and violations of this Agreement, the Policies or applicable law.

(d)   The User agrees to use information about other Users solely in furtherance of this Agreement and not to sell, rent, distribute or disclose a User’s information for purposes unrelated to the Services or use it for marketing purposes without consent.

10.     Disclaimer of Warranties and Limitation of Liability

(a)   e-World Fashion is not responsible for any act, omission or circumstance by or related to any User or otherwise outside of e-World Fashion’s reasonable control.  Furthermore, the User agrees that the User makes use of the Services at the User’s own risk and that the Services are provided on an “AS IS,” “AS AVAILABLE” basis.  To the fullest extent permitted by law, e-World Fashion disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and noninfringement.

(b)   To the fullest extent permitted by law, the User agrees not to hold e-World Fashion, its affiliates or their respective officers, directors, employees and agents responsible or liable for any damages or losses, including without limitation financial losses, loss of an Item or an Item’s value, lost profits, damage involving goodwill or reputation, other intangible losses or any special, indirect or consequential damages, resulting directly or indirectly from:

                                             (i)     content provided by any User;

                                            (ii)     the User’s use of, or inability to use, the Services, or any delays or disruptions in the Services;

                                           (iii)     viruses or malicious software obtained through the Services, glitches, bugs, errors or inaccuracies of any kind in the Services or damage to hardware from using the Services;

                                           (iv)      guidance provided by e-World Fashion;

                                            (v)     the content, actions or inactions of other Users or third parties, including Items or the seizure or destruction of allegedly fake Items;

                                           (vi)     a suspension or other action taken with respect to the User’s account including as a result of a breach of this Agreement or any Policy;

                                          (vii)     the manner in which listings appear in search or browse results;

                                        (viii)     any item for which the User or another User is responsible pursuant to this Agreement or the Policies and any manner in which e-World Fashion chooses to enforce or not enforce this Agreement or any Policy generally or in any specific instance; or

                                           (ix)     the User’s need to make any changes or inability to perform any business resulting from a change to this Agreement or any Policy.

(c)    In the event that e-World Fashion is found to be liable for any reason, e-World Fashion’s liability to the User and to any third party is limited to the greater of (i) the amount of fees the User paid e-World Fashion in the twelve (12) months preceding the circumstance giving rise to liability or (ii) one hundred dollars ($100.00).

(d)   The User releases e-World Fashion, its affiliates and their respective officers, directors, employees and agents from claims, demands and damages of every kind and nature, regardless of whether known, suspected to exist or unsuspected, arising out of or in any way connected to any dispute between the User and another User.

11.  Indemnification

(a)   To the fullest extent permitted by law, the User agrees to perpetually indemnify, defend (at the User’s sole expense) and hold harmless e-World Fashion, its affiliates and their respective officers, directors, employees and agents from any claims, demands and damages of every kind and nature, including reasonable attorney’s fees, related to the User’s breach of this Agreement, violation of any Policy, improper use of the Services, violation of any law, breach of the rights of a third party or negligence or willful misconduct.

(b)   e-World Fashion shall have reasonable control over the defense of any such claim, including using attorneys of e-World Fashion’s choice.  The User shall not offer or accept any settlement that admits any wrongdoing by e-World Fashion, fails to contain strict confidentiality provisions to the extent permitted by law, creates any obligation for e-World Fashion or otherwise without e-World Fashion’s prior consent.

12.  Disputes

(a)   Except as otherwise set forth in this Agreement, this Agreement, the rights and obligations of the Parties pursuant to this Agreement and any claim, controversy or dispute arising out of or with respect to this Agreement shall be governed by and construed in accordance with the substantive laws and decisions of the State of New Jersey without regard to conflict of laws principles.

(b)   The Parties agree that any and all disputes or claims that have arisen or may arise between them or any related third Parties that relate in any way to the Agreement or the Policies, the User’s use of or access to the Services or any Item(s) shall be resolved exclusively through final and binding arbitration instead of in court.  The Federal Arbitration Act governs the interpretation and enforcement of the agreement to arbitrate set forth herein.

                                             (i)     Prohibition of Class and Representative Actions.  The Parties agree that each may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or in a representative or private attorney general action or proceeding.  Absent the Parties’ mutual agreement otherwise, the arbitrator shall not consolidate or join more than one person’s or party’s claims and may not preside over any consolidated, representative, class or private attorney general action or proceeding.  The arbitrator may award relief, including monetary, injunctive and declaratory relief, only in favor of the specific party seeking relief in the arbitration and only to the extent necessary to provide relief for that party’s individual claim(s).  Any relief award cannot affect other Users.  If a court decides that applicable law precludes enforcement of any limitation in this paragraph as to a particular claim or remedy sought such as a request for injunctive relief, then subject to all appeal rights only that claim or remedy sought shall be severed from arbitration and brought in court, but all other claims and remedies shall be arbitrated.

                                            (ii)     Arbitration Procedures.  Arbitration shall be conducted by the American Arbitration Association (the “AAA”), or another administrator selected by the Parties or a court of competent jurisdiction, pursuant to the AAA’s rules and procedures, including as applicable the Consumer Arbitration Rules and Commercial Arbitration Rules, as modified by this Agreement.  Arbitration shall be held in New Jersey or at another mutually agreed location.  The arbitrator shall decide all claims in accordance with applicable law.  The arbitrator’s award shall be final and binding and judgment on the award rendered may be entered in any court having jurisdiction thereof.

                                           (iii)     Costs of Arbitration.  Payment of all filing, administration and other arbitrator fees shall be governed by the AAA’s rules unless otherwise specified in this Agreement.  Unless a rule or agreement specifies otherwise, arbitration fees shall be borne equally by the Parties.

                                           (iv)     Opt-out Procedure.  New Users may reject the agreement to arbitrate by mailing a written opt-out notice to e-World Fashion within thirty (30) days after the User’s first acceptance of this Agreement.  The opt-out notice must be signed by the User, include the User’s name, address, User ID(s) and e-mail address(es) associated with the User’s account(s) to which the opt-out applies and state that the User is electing to opt-out of the agreement to arbitrate.  If a User validly opts-out of the agreement to arbitrate, all other parts of this Agreement and the Policies shall remain in effect, including all other provisions related to enforcement and interpretation of this Agreement and disputes.  Opting-out of the agreement to arbitrate has no effect on future arbitration agreements between the Parties.

(c)    Unless otherwise mutually agreed by the Parties, to the extent the agreement to arbitrate is held not to apply, whether because of a valid opt-out or as a result of a holding by an arbitrator or court, the Parties agree that any affected claim or dispute that has arisen or may arise between them shall be resolved exclusively by a federal or state court located in New Jersey.  Each Party agrees to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims and disputes and waives all objections to venue in such courts on the grounds of the inconvenience of the forum.

13.  If any amount owed by a User to e-World Fashion is past due, including in the event that a payment method fails, e-World Fashion may collect amounts owed by charging any payment method on file, retain collection agencies and legal counsel, limit, suspend or terminate Services and/or take all other legal actions and remedies, all at the User’s expense, and the User shall be liable for, and promptly pay, all costs, expenses and fees incurred by e-World Fashion in any arbitration, suit, appeal, bankruptcy case or collection effort, with or without suit, in connection with compelling payment of any amount owed by User to e-World Fashion in relation to this Agreement, including without limitation reasonable attorney’s fees and costs incurred by e-World Fashion during any such action or in advance of any of same to analyze or prepare e-World Fashion’s claims against the User or determine the rights or remedies to e-World Fashion, all to the fullest extent permitted by law.  Failure to timely pay any fees to e-World Fashion shall result in late fees as specified.  All amounts owed by the User to e-World Fashion that are past due shall bear default interest at the rate of the lesser of one and one-half-of-one percent (1.5%) per month or the maximum rate permitted by applicable law, which rate shall continue to apply whether or not judgment shall be entered.  e-World Fashion, or the collection agencies it retains, may also report information about a User’s account to credit bureaus, and as a result, late payments, missed payments or other defaults on the User’s account may be reflected on the User’s credit report.  If the User wishes to dispute the information e-World Fashion reported to a credit bureau (e.g., Experian, Equifax or TransUnion), the User should contact e-World Fashion.  If the User wishes to dispute the information a collection agency reported to a credit bureau regarding the User’s e-World Fashion account, the User should contact the collection agency directly.

14.  The User shall maintain true and accurate records in connection with all transactions involving the Services and, to the extent permitted by law, retain same during the term of this Agreement and for thirty-six (36) months thereafter.  During said timeframe, e-World Fashion may from time to time audit the User’s records in connection with any fee or other amount payable pursuant to this Agreement and/or to verify compliance by the User with all of its obligations pursuant to this Agreement, and the User shall reasonably cooperate with all such audits.

15.  e-World Fashion may amend this Agreement or any Policies at any time by posting the amended terms on its website.  e-World Fashion’s right to amend includes modifying, adding to or removing terms or Policies.  Except for amendments made to comply with applicable law, which shall take effect immediately, amendments shall be effective ten (10) days after posting, and continued access or use of the Services constitutes the User’s agreement to the amendments, as does an electronic click-through agreement or other acceptance.  The User shall comply with all Policies.

16.  Any provisions of this Agreement or the Policies that should reasonably be construed to survive termination of this Agreement, such as for example but without limitation as pertain to fees, content, disclaimer of warranties, limitation of liability, release, indemnification, disputes and contract interpretation, shall survive any termination of this Agreement.

17.  Except as otherwise authorized by e-World Fashion, the User shall not access or use the Services in any jurisdiction where use of or access to the Services is prohibited or this Agreement, any Policy or any term hereof or thereof is illegal or unenforceable or otherwise outside of the United States of America.

18.  Enforcement of this Agreement and any Policies shall be at e-World Fashion’s sole discretion.  The failure by e-World Fashion to insist upon or enforce, in any instance, strict performance by the User or any other User of any provisions of this Agreement or any Policy shall not be construed as a waiver or relinquishment of e-World Fashion’s right to assert or rely upon the provisions on any future or other occasion.

19.  The Parties intend that the provisions of this Agreement and the Policies be construed to apply to the fullest extent permitted by applicable law.  In case any one or more provisions contained in this Agreement or any Policy shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement or the Policies, but this Agreement and the Policies shall be construed as if such invalid, illegal or unenforceable provision(s) had never been contained herein or therein.  Upon such determination that any term or other provision is invalid, illegal or unenforceable, the arbitrator, court or other tribunal making such determination is authorized and instructed to modify this Agreement and/or the Policies so as to effect the original intent of the Parties as closely as possible so that the transactions and agreements contemplated herein are consummated as originally contemplated to the fullest extent possible.  If an arbitrator, court or other tribunal holds that this Agreement, any Policy or any term hereof or thereof is invalid or unenforceable and incapable of being so modified, such term(s) shall be struck out, and the other parts of the Agreement and Policies shall remain in effect.

20.  The terms of this Agreement and the Policies are applied in e-World Fashion’s sole discretion and according to its own interpretation of the language, which controls and is final and binding.  The Parties agree that this Agreement and the Policies shall not be interpreted in favor of or against either Party merely because of its efforts in preparing it, and the rule of construction against the draftsman of an agreement shall not apply to this Agreement or the Policies.

 RETURN POLICY

This RETURN POLICY (this “Return Policy”) is effective from September 30, 2020.  Reference is hereby made to that certain User Agreement (the “Agreement”), by and between e-World Fashion LLC (“e-World Fashion”) and any person agreeing to the Agreement and/or using any Services (the “User”, as amended, and all other terms, conditions, policies or notices posted from time to time on e-World Fashion’s website(s) (collectively, “Policies”).  The Agreement and Policies are incorporated by reference in this Return Policy as though fully set forth herein, and capitalized terms used but not defined herein shall have the meanings set forth therefor in the Agreement and the Policies.

Each Seller must maintain a return policy and detail said policy on all listings.  If a Seller does not detail a return policy on a listing, this Return Policy shall apply to all related transactions.  Otherwise, a Seller does not have to offer returns and/or do so in accordance with this Return Policy.

A Buyer wishing to return an Item and permitted to do so must use the appropriate channels to process the return, return the Item promptly via the appropriate method and be responsible for the condition of the Item being returned as compared to the condition in which it was received.  

If an Item (including a Rental) arrives damaged, does not match the description on the listing or is otherwise incorrect, the Seller is responsible for accepting the return and refunding the purchase price, including        shipping.  If the Buyer is not entitled to return an Item but changes his or her mind about the purchase, the Buyer may contact the Seller to ask whether the Seller will accept a return. 

If an Item is on sale, the Seller has no obligation to issue a refund or exchange the Item for another Item.      Unless otherwise specified, there are no returns on Exchanges.

The cost of return shipping for an Item that is not as described is the Seller’s responsibility.  When an Item is returned, the Seller must immediately refund/reimburse the purchase price and all additional taxes, fees and costs to the Buyer, and e-World Fashion may, but is not obligated to, facilitate such refunds using any payment method(s) on file with the account at the Seller’s expense.  e-World Fashion may offer or require automated returns processes, such as generating return shipping labels and/or processing refunds, and all such activity shall be at the Seller’s sole risk and expense.

The seller can Setting up their return policy

To save time when managing return requests, the  seller  can set up rules to automatically accept returns or send immediate refunds.
When you sell on e-World Fashion, you need to state whether you accept returns or not, and if so, under what conditions. For example, the seller might assert who pays for return shipping or that you’re willing to accept returns for a specific period of time after a sale. Whatever the seller decide their  policy is, it needs to be clearly specified in your listings.

If the seller policy is to accept returns, the seller can set up rules that automate the way that the seller  manage different parts of the return process.  

If there are any questions about a return, the Buyer should contact the Seller and/or check PAYPAL  USER AGREEMENT - PayPal’s Purchase Protection Program.e-World Fashion is not responsible for any issues concerning returns.