This Site is owned and operated by MPM Fashion Ltd whose registered office is at 11, Digenis Akritas Avenue, 1055 Nicosia, Cyprus and whose company number is ΗΕ249748 and registered VAT number is 10249748C. These terms and conditions include general terms and conditions for use of this Site, terms and conditions relating to the Services and terms and conditions relating to the sale and purchase of Products on the Site. Please read these terms and conditions carefully. Your use of the Site and Services and the purchase of any Products on this Site will be subject to these terms and conditions.
Important Liability Statement
The information available on or through this Site, and the Services supplied via or in connection with this Site, (including the editorial material provided by FOX Fashion stores personnel), is intended as information only. It is your responsibility to determine that the Products are suitable for you and it is not our responsibility to do so.
Where the Site or any Submission made by any user includes views, opinions, advice and recommendations, these views, opinions, advice and recommendations are not endorsed by us and we do not accept any liability on account of the accuracy, defamatory nature, completeness, timeliness or otherwise of such views, opinions, advice and recommendations.
We try to make sure that all information contained on the Site (and provided by us to you as part of any Services or Products) is correct, but the information is of a general nature and not intended to comprise of all the information relating to the subject matters referred to by the Site and therefore we do not accept any liability for any error or omission and exclude all liability for any action you may take or loss or injury you may suffer (direct or indirect including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising) as a result of relying on any information on this Site.
Our liability to you in connection with any Product purchased through the Website is strictly limited to the purchase price of that Product.
Date of last update: 27TH April 2020.
All provisions set out in these terms and conditions which seek to limit or exclude our liability are at all times subject to your statutory rights (further details in respect of which are set out at clause 4.5).
In these terms and conditions, the following definitions apply:
“FOX Fashion Stores” means FOX Fashion Stores, whose registered office is at 11, Digenis Akritas Avenue, 1055 Nicosia, Cyprus, and whose company number in the register HE249748 and registered VAT number is 10249748C and ‘we’, ‘us’, ‘our’ shall mean FOX Fashion Stores;
“Dispatch Confirmation” the email we send you confirming your order (at which point the contract between us will be formed);
“Materials” defined in clause 2.2;
“Products” means any products offered for sale on the Site;
Services” means any information and services ordered and/or provided by FOX Fashion Stores through or via the Site. For the avoidance of doubt, any electronic information supplied to you by FOX Fashion Stores will constitute part of the “Service” not a Product and cancellation rights will apply accordingly;
Site” means the web site at the URL www.foxfashioncyprus.com or WAP site or replacement site(s) from time to time;
“Submission” means any written comments including a Review that you supply to us or post directly to the Site relating to the Products together with any photographs.
- Use of this Site generally
2.1 You may use the Site for personal and lawful use and in accordance with these terms and you are not allowed to copy or use any material from the Site for any commercial purpose including for selling any goods or services.
2.2 The intellectual property rights in all materials on the Site and supplied as part of the Products or Services (“Materials”) are owned by FOX Fashion Stores or its third party licensors. Except to the extent expressly set out in these terms and conditions, you are not allowed to make any copies of any part of any materials, or remove or change anything on the Site, include or create links to or from the Site without our written authority, or remove or change any copyright, trade mark or other intellectual property right notices contained in any Materials or copies or the Materials.
2.3 Should you make a Submission to us, you agree to grant us an exclusive, irrevocable, perpetual license to use it worldwide on the Site (and make it available to other users) and in our marketing materials and for any other business purposes, and to edit your Submissions in the event that FOX Fashion Stores deems it necessary or desirable to do so for whatever reason.
2.4 You acknowledge that making a Submission does not guarantee that such Submission, or any part thereof, shall appear on the Website, but agree that FOX Fashion Stores may, at its sole discretion, choose to display any Submission or any part of a Submission that you make on the Website.
2.5 You warrant and represent that you own or are licensed to use any and all the intellectual property rights in any Submissions that you make to the Website.
2.6 You acknowledge that you will not be able to edit or delete any Submission after submission.
2.7 Any user who feels that any Submission made by other users is objectionable is encouraged to contact us at email@example.com . We will review the relevant Submission as soon as is practicable and will take such action as it deems necessary, if any.
2.8 You must not use the Site to post, upload or otherwise transmit material which is obscene or pornographic, threatening, menacing, racist, offensive, defamatory, infringing of any intellectual property or otherwise unlawful, to harass, stalk, threaten or otherwise violate the rights of others, to misrepresent your identity or status, to hack into this Site or any other related computer system, to make excessive traffic demands, deliver viruses or forward chain letters or similar materials that may reasonably be expected to inhibit other users from using and enjoying the Site or any other web site or damage or destroy the reputation of FOX Fashion Stores or any third party.
2.9 FOX Fashion Stores accepts no obligation to monitor the use of the Site. However, FOX Fashion Stores reserves the right to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials; to block your access and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions or any breach of applicable law or regulation. FOX Fashion Stores will also in its absolute discretion fully co-operate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security.
2.10 FOX Fashion Stores may change the format and content of the Site from time to time. You should refresh your browser each time you visit the Site to ensure that you download the most up to date version of the Site.
- Your personal information
4.1 You are referred to the important liability statement at the top of these terms and conditions. Subject to that statement you agree that your use of this Site and the Service is on an “as is” and “as available” basis. On that basis, except as expressly set out in these terms or in accordance with your statutory rights, FOX Fashion Stores does not enter into conditions, warranties or other terms in relation to the Site or the Services or any guaranteed or predicted result from using the Site, Services or Products.
4.2 The Site includes links to external sites and co-branded pages. FOX Fashion Stores has included links to these sites and co-branded pages to provide you with access to information and services that you may find useful or interesting. FOX Fashion Stores does not endorse the content of external sites and is not responsible for the content of these sites and pages or for anything provided by them.
4.3 Subject to the important liability statement, FOX Fashion Stores is not liable for failure to comply with these terms and conditions due to any event beyond its reasonable control, including, without limitation, the input of incorrect information by you.
4.4 The Site or documents sent with a Product, or the packaging or labeling of a Product may contain instructions for use, warnings, contra-indications and other notices. You must read and follow these notices carefully and ensure others who use the Products do so. Subject to the important liability statement, we will not be legally responsible to you if any of these are not observed.
4.5 FOX Fashion Stores does not seek to exclude or limit liability for:
(a) death or personal injury caused by our negligence or the negligence of our directors, employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the implied terms of the Sale of Goods Act, the Defective Products (Civil Liability) Act and General Demand on the Safety of Products Act.
and all exclusions or limitations of the liability of FOX Fashion Stores which are set out in these terms and conditions shall at all times be subject to the provisions of this clause 4.5.
5.1 As part of the Services offered via this Site, you may be issued with an individual password which can be used to access certain areas of the Site and provide fast checkout. You will use the password only for such access and not for any other purpose. You must keep your password confidential at all times, and must not disclose the password or permit anyone else to use your password. Any breach of any of these terms by anyone to whom you disclose the password will be treated as if the breach had been committed by you, and will not relieve you of your obligations under these terms and conditions.
5.2 In the event of any failure or error in the operation of a password, you shall cease using the password, exit the Site immediately, and notify FOX Fashion Stores of such failure or error.
5.3 FOX Fashion Stores reserves the right to change your password and user name at any time in its sole discretion and you agree to notify FOX Fashion Stores promptly of any changes to your registration details.
- Suspension and termination of Service
6.1 FOX Fashion Stores may suspend the operation of the Site for repair or maintenance work or in order to update or upgrade the contents or functionality of the Site from time to time. Access to or use of the Site or pages linked to it will not necessarily be uninterrupted or error free.
6.2 FOX Fashion Stores may terminate the Service and cease to send you Products immediately in the event you breach any of these terms and conditions or if you are late in or do not pay any sums due to FOX Fashion Stores.
- Eligibility to purchase Products
7.1 FOX Fashion Stores does not sell Products to children under the age of 18 on this Site although it sells Products suitable for children. If you are under 18, you may use the non-transactional parts of the Site but you may not purchase Products from the Site. By ordering Products you represent that you are 18 years of age or older.
7.2 In order to purchase Products, you must submit a valid Visa or Mastercard credit or debit card. You warrant that the payment card or PayPal login you submit is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer or payment provider. FOX Fashion Stores is not responsible in the event that your payment card provider refuses to authorise payments.
- Contract Formation
8.1 After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your Order has been accepted. Your Order constitutes an offer to FOX Fashion Stores to buy a Product via the Site (and FOX Fashion Stores reserves the right to refuse orders for Products). No contract will exist in relation to the Products until we have confirmed to you by email that the Product has been dispatched (Dispatch Confirmation). Our acceptance to your offer will be deemed complete and the contract between us shall be formed when we send you the Dispatch Confirmation email.
- Pricing, availability and dispatch information of Products
9.1 Information displayed on the Site as to pricing and availability is subject to change by FOX Fashion Stores. Payment for the Products will be made via the Site in accordance with the procedure explained on the Site.
9.2 While we aim to be accurate, any availability information or dispatch estimates on the Site in relation to Products are approximate. As we process your order, we will inform you by email, telephone or SMS, if any Products you order turn out to be unavailable. Please allow up to 10 business days for delivery in extreme circumstances.
9.3 In spite of our best efforts, it is possible that a Product may be mispriced on the Site. We do, however, confirm prices as part of our dispatch procedures. Where a Product’s actual price is lower than that stated on the Site, we will charge the lower amount and send you the Product. If, however, the actual price is higher than that stated on the Site, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation. Prices are inclusive of VAT.
9.4 Products will be dispatched to your delivery address as soon as reasonably possible after acceptance of your order. Delivery charges and sales tax will be made in accordance with your location and you will be informed of the relevant charge on the Site before you confirm your order.
10.1 FOX Fashion Stores warrants that the Services will be supplied with reasonable skill and care.
- Statutory rights and refunds
11.1 We amend these terms and conditions from time to time. Please look at the top of this page to see when these terms and conditions were last updated. Every time you order products from us, the terms and conditions in force at the time of your order will apply to the contract between you and us. If we have to revise these terms and conditions and this has a material impact on your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the contract if you are not happy with the changes. By browsing the Site you are accepting that you are bound by the current terms and conditions which relate to your use of the Site. You should check these each time you revisit the Site.
11.2 These terms and conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter.
11.3 If any provision of these terms and conditions is found to be unenforceable, this shall not affect the validity of any other provision.
11.4 FOX Fashion Stores may delay enforcing its rights under these terms and conditions without losing them.
11.5 You agree that FOX Fashion Stores may sub-contract the performance of any of its obligations or may assign these terms and conditions or any of its rights or obligations without giving you notice.
11.6 These terms and conditions shall be governed and interpreted in accordance with Cyprus law, and you consent to the non-exclusive jurisdiction of the Cyprus courts.
11.7 If you have any enquiries or complaints (about the Service or someone else’s use of the Site) then please address them to FOX Fashion Stores Customer Service Department, 11, Digenis Akritas Avenue, 1055 Nicosia, Cyprus or email: firstname.lastname@example.org .
- Competitions & Promotions
Promotional offers are valid when used online at www.foxfashioncyprus.com and will allow money off when you order from FOX Fashion Stores. Offers may require the use of specific codes to be entered during the checkout process. Codes are valid for a set length of time. Promotions are often unique and cannot be used in conjunction with other offers. Offers may be limited to one use per customer.
In the event of a return of goods purchased using a promotional code, refunds will be credited for the original amount paid and to the original method of payment. Promotional codes do not apply towards any delivery charges; the promotional code is not applied to any delivery services available online. FOX Fashion Stores reserves the right to amend the terms and conditions of this promotion at any time and to take the appropriate action including cancellation of the code.
- By participating in the Promotion, you agree to be bound by these Terms and Conditions and by our decisions, which are final in all matters relating to these Terms and Conditions, the Promotion, the draw and/or the results and no correspondence or discussion shall be entered into.
- To the extent permitted by law we accept no responsibility for lost, late, misdirected, undeliverable or incomplete entries, whether due to system errors or failures, faulty transmissions or other telecommunications malfunctions, entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, faulty transmissions, technical malfunctions, or otherwise.
- Personal information collected from entrants will be used by us solely in connection with the Promotion and will not be disclosed to any third party except for the purpose of operating the Promotion and fulfilling the prize where applicable.
- These Terms and Conditions shall be governed by and construed in accordance with Cyprus law and any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Cyprus Courts.