TERMS & CONDITIONS

These terms and conditions (together with the information and policies contained in the “Customer Service” pages on the website and any other documents referred in these terms and conditions) (“Terms and Conditions”) set out the legal terms that apply to your use of our website http://fashionbarn.shop, any of its sub-domains and any other websites operated by us or on our behalf and any mobile device application or desktop application developed by us or on our behalf (together, the “Websites” and “Website” being a reference to any one of them) and the other services that we provide (the “Services”).

Please read these Terms and Conditions carefully and make sure that you understand them before using the Services. Please note that by using the Services, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you will not be able to use the Services and you should leave the Website immediately. If you continue to use the Website or if you order products, we will take this as your acceptance of these Terms and Conditions.

1) Understanding these Terms and Conditions

When certain words and phrases are used in these Terms and Conditions, they have specific meanings (these are known as ‘defined terms’). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of the Terms and Conditions where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).

When we refer to “Fashionbarnshop”, “we”, “us” or “our”, we mean Bpp International Group Inc or, where relevant, its affiliates. Where we refer to “you” or “your” we mean you, the person using the Services.

• We have used headings to help you understand these Terms and Conditions and to easily locate information. These Terms and Conditions are only available in the English language. We will not file copies of the contracts between us and you relating to our supply of the Services, or between you and the Partners relating to the sale of the products, so we recommend that you print or save a copy of these Terms and Conditions for your records (but please note that we may amend these Terms and Conditions from time to time so please check the Website regularly, and each time you use the Services to order products, to ensure you understand the legal terms which apply at that time).

2) About us

We are Bpp International Group Inc and, along with certain of our affiliates, we operate the Website.  Bpp International Group Inc is a company registered in USA and our registered office is at 212 w 35^th Street. New York. NY 10001.

We, along with certain of our affiliates, provide the Services to you through the Website. Further details of the Services we provide are set out in section 3 below. When you purchase products using the Website, you are purchasing them from the third-party retailers (“Partner(s)”) named on the Website. It is important that you understand that the contract for the purchase of the products is between you and the relevant Partner. We are acting as agent on behalf of the Partners, which are the principals. You are not purchasing the products from us. We are authorized by the relevant Partners to conclude the contract on their behalf, but we are not a party to that contract, and you are not purchasing the products from us. Further details about the products, the Partners and the contract between you and the Partners in relation to your purchase of the products are set out in sections 5, 6 and 7 below.

3) Our services

The Services we offer allow you to search through the Website and purchase products from many Partner boutiques and brands worldwide. Includes overstock products from major branded department stores. Fashionbarnsho As part of the Services, we also provide some ancillary services such as arranging delivery of the products, providing you with customer service assistance and payment processing without charge. Similarly, Bpp International Group Inc manages and runs the Website platform and provides the Services in respect of sales made to customers in the US; whereas Bpp International Group Inc or one of its affiliates manages and runs the Website platform and provides the Services for sales made to customers outside of the US. However, as stated above, the contract for the purchase of the products is between you and the relevant Partner. This means that it is the Partner (not us) who is legally responsible for selling the products to you.

Please note that the delivery logistics service is being provided by us to you and as such you are entering into a contract for delivery services provided by us. We may make a charge for these services which will be shown at checkout and prior to your purchase of the products. Your contract with us is concluded once the products have been delivered to you by the courier or have been collected by you from a Partner.

In order to use the Services, you must be over 18 years of age.

4) Our liability to you in relation to the Services

If, in providing the Services to you, we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you started using the Services.

We do not in any way exclude or limit our liability for: • (a) death or personal injury caused by our negligence; • (b) fraud or fraudulent misrepresentation; • (c) any other liability which cannot be limited by law.

5) The products

We attempt to be as accurate as possible in the description of the products displayed on the Website. However, as the descriptions are based on information provided to us by the Partners (who remain responsible for them), we cannot guarantee that all details are always accurate, complete or error free. Please contact our Customer Service Advisors if you would like more information about a product. The images of the products on the Website are for illustrative purposes only, and although we attempt to display colors accurately, we cannot guarantee that your computer’s display of the images accurately reflect the true color of the products.

We do not allow partners to offer flawed items or products of lower quality than the corresponding market standards for sale on the website. If an item you have ordered is not as described, is flawed or of a lower quality, you can return it to us and we will liaise with the partner to process the return. Once the item is received by the relevant partner, you will receive a full refund of the defective item, or alternatively a discount, replacement or repair for the item where possible, decided by us on a case by case basis. We will refund you any applicable delivery charges and any reasonable costs you incur in returning the products (we will advise you whether the products will be collected from you or whether you need to arrange for them to be returned). Please see section 10 below for details of how to arrange a return.

As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights.

The products sold by the Partners are supplied for your domestic and private use only. You agree that you will not use the products for any commercial, business or re-sale purposes. You further agree that you will not export, reexport, or otherwise transfer the products to countries or territories that are the target of comprehensive embargoes or sanctions or to parties identified on the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons List or the E.U.’s Consolidated Financial Sanctions List. Neither we nor the Partners have any liability to you for any loss of profit, loss of business, interruption of business or loss of business opportunity.

6) Fashionbarnshop Partners

IMPORTANT: If you are purchasing products from any of the brands or boutiques listed at the end of section 20 below (“Selected Partners”), then additional or different terms may apply to you in this section. Please see section 20 below

As explained above, the contract for the purchase of the products is between you and the relevant Partner. We are acting as agent and are authorized by the relevant Partner to conclude the contract on its behalf but we are not a party to that contract and you are not purchasing the products directly from us.

We request that all Partners using the Website have and maintain reasonable business policies which comply with our own business policies. We cannot, however, be responsible for the Partners’ business policies. If you are unhappy with the product or service you have received from a Partner, you should contact us and we will liaise with the relevant Partner on your behalf to try and resolve the issue.

7) Orders, prices, payment and taxes

IMPORTANT: If you are purchasing products from any of the brands or boutiques listed at the end of section 20 below (“Selected Partners”), then additional or different terms may apply to you in this section. Please see section 20 below.

The steps you need to take to place an order are explained in the “How to Order & Pay” section of our How to Shop page.

By completing the checkout process and placing an order by clicking the “Place Order” button on the checkout page, you are offering to purchase the products from the relevant Partner (and not directly from us). Your order for the products is subject to these Terms and Conditions which are incorporated into the contract between you and the relevant Partner. All orders are subject to availability and confirmation of the order price, which is determined by the relevant Partner. After entering into the contract for the products with the Partner, the Partner will be under a legal duty to supply you with goods that are in conformity with the contract. Legal title to the product purchased will pass to you upon your payment being accepted. Risk in the product will remain with the Partner and/or Fashionbarnshop (as applicable) until it is delivered to you at the address specified when you placed your order.

To order products you must be over 18 years of age and possess a valid method of payment (please see section (c) below for details of acceptable payment methods). By placing an order, you are promising that all details you provide are true and accurate, that you are over 18 years of age, that you are authorized to use your selected method of payment to place your order and that there are sufficient funds in the relevant account to cover the cost of your order.

The Website allows you to check your order and correct any errors before completing a purchase. Please take the time to read and check your order at each page of the order process as you are responsible for ensuring that the information you provide is accurate (for example, the correct products, quantities, size, color, etc.).

(a) Formation of the contract between you and the Partner(s). The identity of the Partner is shown on the order confirmation page when you place an order.

When you place an order, you will receive an email confirming receipt of your order. This email is only an acknowledgement for information purposes and it does not constitute acceptance of your order by the Partner. The contract between you and the Partner in relation to the products will not be formed until we have checked that the Partner accepts your order. If your order is accepted, we will send you a confirmation email, which concludes the contract between you and the Partner. The confirmation email will include a description of the products purchased in the order and certain other information about your rights to cancel the contract between you and the Partner (please see section 10 below for further information on your rights to cancel the contract). Only those products listed in the dispatch confirmation email are included in the contract between you and the Partner.

(b) Pricing, availability and taxes

Whilst we try and ensure that all details, descriptions and prices that appear on the Website are accurate, as this information is provided to us by the Partners, there may be cases where errors occur. If we discover an error in the price of any products that you have ordered, we will inform you of this as soon as possible and, acting on behalf of the Partner, give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, your order will be treated as cancelled. If you cancel and you have already paid for the products, you will receive a full refund as soon as possible.

If you are viewing the Website from the UK or a country in the EU, the product prices advertised on the Website from Partners located within the EU are inclusive of the VAT charged by the relevant Partner. Delivery costs are not included in the prices and will be charged in addition. The delivery costs (which will include VAT charged by us) will vary depending on the products that you have ordered and your delivery address. Please see the “Shipping Information” section of our Orders and Shipping page for further details. The delivery costs applicable to your order will be clearly displayed at checkout before you place your order (and are included in the “Total Cost” amount shown on the order summary page).

Depending on your delivery address, different taxation rules and additional charges may apply. If you are shipping items from a Partner outside of your territory, you may need to pay import duties upon receipt of the products. We will notify you during the checkout process if import duties are included or you may have to pay them upon receipt of the products. If they are not included, neither we nor the Partner have any control over these charges and we cannot advise on their amount. You will be responsible for payment of any such import duties and taxes that are not included. Please contact your local customs office for further information and a “landed cost estimate” before placing your order. Additional information is also available in the “Duties and Taxes” section of our Orders and Shipping page.

For US customers, Fashionbarnshop may charge and collect applicable sales or use taxes on purchases made through the Website. Even if sales or use tax is collected, your purchase may be subject to sales or use tax unless it is specifically exempt from taxation. Many states require customers to file a sales/use tax return at the end of the year reporting all taxable purchases that were not taxed and to pay tax on those purchases. For more details, please contact your respective taxing authorities.

Please note that if you return an item, the taxes and import duties will be refunded to you if they were originally included in the purchase price. By initiating a return, you agree to disclaim and assign exclusively to Fashionbarnshop (and to the exclusion of any other party), any right to or interest in duty drawback you may have with respect to the returned item.

8) Delivery

The estimated delivery date of the products will be stated in your order confirmation email. If you do not receive an estimated delivery date from us, we will deliver the order within 30 days after the date of dispatch. We (and not the Partners) supply delivery services to you and we will try to ensure that your order is delivered by the estimated delivery date if given,) but there may be circumstances where delivery is delayed because of events beyond our reasonable control (please see section 15 below for further information). If this happens, we will try and arrange for your products to be delivered as soon as possible, but we will not be liable to you for any losses caused as a result of such delay.

Delivery times may vary depending on the availability of the products and your delivery address. Delivery times, including for Same Day delivery, are estimates only and cannot be guaranteed. The product(s) will be delivered to you directly by the Partner(s) so your order may arrive in multiple deliveries and at different times.

In certain circumstances our delivery partner may leave your package outside or provide you with optional services when delivering your order, such as: (a) signature release: opting out of the requirement to provide a signature on delivery; (b) leave with neighbour, reception or security: re-directing the delivery to a neighbour, reception or security; (c) reschedule a new delivery date: selecting a delivery date that best suits you; (d) re-directing to a collection point: collecting your package from a collection point nearby. If our delivery partner leaves your package outside, or if you select any of the optional services (including through any default preferences you may have selected with our delivery partner separately) you acknowledge and agree that Fashionbarnshop shall bear no responsibility or liability for any loss or damage that may result from delivering your order in that way.

9) International Delivery

Details of the countries we deliver to can be found on our Orders & Shipping page. There are restrictions on some products for certain international destinations, so please review the information on that page carefully before placing an order.

If you purchase products for delivery to an international destination, your order may be subject to import duties and taxes which are applied when the package reaches that destination. Please see section 7(b) (above) for more information on duties and taxes. You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you breach any such laws.

10) Returns and Cancellation

Please see our Returns & Refunds Policy for information on returns, and our Free Returns service.

Please note that in certain cases the Partner may reject your return of a product and Fashionbarnshop (or any of its group companies) may, at its sole discretion, choose to purchase the product from you. You agree that legal title to such product will automatically pass to Fashionbarnshop (or its relevant group company) upon Fashionbarnshop (or its relevant group company) choosing to purchase such product from you.

For returns using our Free Returns service, please see our Returns & Refunds Policy.

11) Our Website

This section sets out the rules that apply to your use of the Website (whether or not you use it to order products or just to browse). By using the Website, you agree to these rules. If you do not agree to these rules, you are not permitted to use the Website and you should leave it immediately.

(a) Access to the Website

The Website is made available free of charge and you are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions, and that they comply with them.

Access to the Website is permitted on a temporary basis and it does not include any commercial use of the Website or its contents. You must not reproduce, copy and/or exploit the Website for any commercial purposes without our prior written consent.

We reserve the right to withdraw or amend the Website without notice and, from time to time, we may restrict access to all or parts of the Website. We will not be liable to you if, for any reason, the Website is unavailable at any time or for any period.

When you visit the Website and/or submit an order, you are communicating with us electronically and you agree that all agreements, notices, disclosures and other communications that we send to you electronically (whether on our behalf or on behalf of the Partners) satisfy any legal requirement that same communications be in writing.

(b) Your conduct

You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way.

You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only.

You must not use the Website for any of the following:

In any way that breaches any applicable local, national or international law or regulation. In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect. To send, use or reuse any material that is: (i) illegal, offensive, abusive, indecent, defamatory, obscene or menacing, and/or (ii) in breach of copyright, trademark, confidence, privacy or any other right, and/or (iii) otherwise injurious to third parties, and/or (iv) objectionable, and/or (v) which consists of or contains software viruses, political campaigning,  commercial solicitation, chain letters, mass mailings or any “spam”. To cause harm, annoyance, inconvenience or needless anxiety to any person.

Breaching these provisions would constitute a criminal offence under the Computer Misuse Act 1990. We, in compliance with any enforceable law or public order, will report any such breach to the relevant law enforcement authorities and disclose your identity to them. If you breach any of the Terms and Conditions and/or any Third Party Products and Services’ terms and conditions, you will indemnify us in full against all costs, expenses, liabilities, damages and losses (excluding any indirect, incidental or consequential loss), including any interest, fines and legal or other professional fees and expenses awarded against or incurred or paid by us and/or any member of our group as a result of or in connection with your breach.

(c) Third Party Products and Services on the Website

The Website may contain services and/or products (including add-ons and applications) offered by third parties other than our Partners (the “Third Party Products and Services”). Your use of these Third-Party Products and Services may be subject to additional terms and conditions which we recommend you review before first using such Third-Party Products and Services and continue to review for any changes. We disclaim any responsibility or liability for or in connection with your use of any Third-Party Products and Services. We reserve the right to suspend, withdraw, terminate and/or amend your access to the Websites and/or Services, including but not limited to Third Party Products and Services, in the event that you breach any Third-Party Products and Services’ terms and conditions. Use of Third-Party Products and Services is entirely at your own risk.

We make no guarantee that any or all features of the Websites, Services or Third-Party Products and Services will work on any device.

(d) Linking

We are happy for you to link to the Website but you must do so in a way that is fair and legal and does not damage our reputation or take advantage of it (such as by using a link to suggest any form of association or endorsement by us). We reserve the right to withdraw linking permission at any time and, if we instruct you to remove a link to the Website, you must do so without delay.

Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources and such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

(e) Our liability in relation to the Website

We may update or change the Website or its contents at any time, but we are under no obligation to do so. Please note that this means any of the content on the Website may be out-of-date at any given time. The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. We make no representations, warranties or guarantees, whether express or implied, that the Website, or any content on it, is accurate, complete, up-to-date or will be free from errors or omissions. To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website, or any content on it, whether express or implied.

We will not be liable to you or any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with: (i) use of, or inability to use, the Website; or (ii) use of or reliance on any content displayed on the Website.

Please note that we only provide the Website for domestic and private use and, as such, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it. We do not in any way exclude or limit our liability for: 1. death or personal injury caused by our negligence; 2. fraud or fraudulent misrepresentation; 3. any other liability which cannot be limited by law. Different limitations and exclusions of liability will apply to liability arising as a result of our supply of the Services to you (as set out in section 4) and the Partners’ supply of the products to you.

12) Privacy Policy

We only use your personal information in accordance our Privacy Policy. Please take the time to read this carefully, as it includes important information about how we collect and use your data. By using the Website, you consent to the use of your data as described in our Privacy Policy and you warrant that all data provided by you is accurate.

13) Intellectual property, software and content

We are the owner or the licensee of all intellectual property rights in the Website and its content (such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software including the presentation and compilation of the same) (“Content”). The rights on the Website and the Content are protected by international copyright laws as well as by any relevant national law concerning copyright, authors’ rights and database right laws. All such rights are reserved.

You must not systematically extract and/or re-utilize parts of the Website or the Content.  You must not use any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization any substantial parts of the Website. You must not create and/or publish your own database that features substantial parts of the Website (e.g., our prices and product listings) without our prior written consent.

Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and images of third-party products, services and/or locations featured on the Website are in no way associated, linked or affiliated with us. Any trademarks/names featured on the Website are owned by the respective trademark owners.

14) Ethical sourcing policy

As a reputable and trusted business committed to offering its customers high quality products, we recognize our obligation to ensure that all Partners and other suppliers are operating ethically. We expect all Partners and other suppliers to consistently provide an environment which protects their employees’ health and safety and basic human rights. All Partners and other suppliers are expected to comply with their national employment laws and regulations with regard to minimum age of employment, freely chosen employment, health and safety, freedom of association and the right to collective bargaining, no discrimination, no harsh or inhumane treatment, working hours, rates of pay and terms of employment.

We will never knowingly allow a Partner to offer its products on the Website if such products are sourced from countries which are in breach of these principles. We also look to the Partners and other suppliers to instils these principles when dealing with their own supplier base. Because of the sometimes-complex nature of the Partners and other suppliers’ supply chain, it is not always possible to monitor and control the conditions of everyone involved in the production of the products. However, as we continue to grow, we recognize the importance of being proactive and doing everything within our power to support the rights of those involved in the manufacture of the products.

15) Kids wear policy

The Fashionbarnshop Kids wear product safety policy sets out guidelines to highlight the types of products that Partners might be restricted to sell via the Fashionbarnshop platform due to product safety restrictions. Our policy states that Partners should seek regular independent advice and assurances from the brand/manufacturer/importer from whom the product is purchased to determine whether the goods are permitted to be sold into the country and where applicable, the state, in which the buyer is located. While we work closely with our Partners, it is our Partner’s responsibility to ensure that the goods they sell comply with all applicable product laws and regulations, such as Flammability Standards, Certificates of Compliance and Tracking Labels. Our Customer Service Advisors can liaise with the relevant Partner if you require additional information.

16) Fashionbarnshop invitation-only Sales

Selected brands only. Invited customers must be signed in to view the offer on the Fashionbarnshop site or app. As this is an exclusive event just for you, details must not be shared or advertised in any way, including, but not limited to, on any website, blog, social media account, messaging application, email, word of mouth, etc. Affiliate partners must not promote this event as per network terms and conditions. Fashionbarnshop reserves all its rights (including where it is known or suspected you have passed these details on), which may involve suspending your account and/or voiding your transactions for the duration of Sale.  Fashionbarnshop reserves the right to withdraw this offer at any time without notice.

17) Final Sale

‘Final Sale’ items are not subject to Fashionbarnshop’s standard return policy and may not be returned. Any return or refund of ‘Final Sale’ items purchased from Farfetch.com are made at Fashionbarnshop’s absolute and sole discretion, subject to applicable laws.

18) Other important information

We reserve the right to close your Fashionbarnshop account or restrict future orders at any time in our sole discretion.

Severability – Each of the sections and paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections and paragraphs will remain in full force and effect.

Waiver – If you breach these Terms and Conditions and we take no action, or if we delay in acting, that does not mean that we have waived our rights and we will still be entitled to use our rights and remedies. If we do waive a breach by you, we will only do so in writing (signed by one of our directors), and that will not mean that we will automatically waive any later breach by you.

Entire agreement – These Terms and Conditions constitute the entire agreement between you and us and they supersede all earlier agreements between you and us.

Events outside of our control – We and the Partners will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you if such failure or delay is caused by an event outside of our control.

An event outside of our control means any act or event beyond our or the Partners reasonable control such as act(s) of God, wars, terrorist attacks, embargos, riots, strikes, lockouts, trade disputes, fires, floods, earthquakes or other natural disasters, break-down, inclement weather, interruption of transport, Government action or failure of public or private telecommunications or transport networks.

If such an event takes place and it affects the performance of our or the Partners’ obligations to you: (i) we will contact, you as soon as reasonably possible to notify you; and (ii) our and the Partners’ obligations to you will be suspended for the duration of the event. Where the event affects delivery of products to you, we will contact you to arrange a new delivery date after the event is over.

Complaints – We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Please see our Contact Us page for details of how to get in touch with us.

19) Governing Law, Jurisdiction, and for US Customers Arbitration

Anything related to your order, use of the Websites or these Terms and Conditions, shall be governed and construed in accordance with the laws of the State of New York, without regard to its conflict of laws or choice of laws principles.

Any dispute or claim between you and us (including the websites operated by us) relating in any way to these Terms and Conditions, as well as all other aspects of your transaction contemplated by these Terms and Conditions, including but not limited to your use of the services or websites or the breach, termination, enforcement, interpretation or validity thereof,  including the determination of the scope or applicability of these Terms and Conditions to arbitrate, shall be determined on an individual basis by arbitration in the County of New York in the State of New York before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures unless the parties mutually agree otherwise.

Where permitted under applicable law, you and Fashionbarnshop agree to arbitrate exclusively on an individual basis, and that these Terms and Conditions do not permit class arbitration or any claims brought as a plaintiff or class member in any purported class, representative, group, or other consolidated arbitration proceeding. The arbitral tribunal or judge may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

Judgment on the award may be entered in any court having jurisdiction. If either us or you bring any action or proceeding by reason of any breach or alleged breach of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover its reasonable expenses in connection therewith (including without limitation reasonable attorneys’ fees and court costs) to the extent allowed under the law, from the other party. The term ‘prevailing party’ means the party obtaining substantially the relief sought, whether by compromise, settlement, or judgment.

The Federal Arbitration Act and federal arbitration law apply to these Terms and Conditions. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms and Conditions as a court would.

If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuses of intellectual property rights.

20) Terms applicable to purchases from Selected Partners

If you are purchasing an item from any of the Selected Partners listed at the end 19) Governing Law, Jurisdiction, and for US Customers Arbitration

For US customers, these Terms and Conditions, services, as well as all other aspects of your transaction contemplated by these Terms and Conditions, shall be governed and construed in accordance with the laws of the State of New York, without regard to its conflict of laws or choice of laws principles. Any dispute or claim between you and us (including the websites operated by us) relating in any way to these Terms and Conditions, as well as all other aspects of your transaction contemplated by these Terms and Conditions, including but not limited to your use of the services or websites or the breach, termination, enforcement, interpretation or validity thereof,  including the determination of the scope or applicability of these Terms and Conditions to arbitrate, shall be determined on an individual basis by arbitration in the County of New York in the State of New York before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures unless the parties mutually agree otherwise. Judgment on the award may be entered in any court having jurisdiction. If either us or you brings any action or proceeding by reason of any breach or alleged breach of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover its reasonable expenses in connection therewith (including without limitation reasonable attorneys’ fees and court costs) to the extent allowed under the law, from the other party. The term ‘prevailing party’ means the party obtaining substantially the relief sought, whether by compromise, settlement, or judgment. The Federal Arbitration Act and federal arbitration law apply to these Terms and Conditions. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms and Conditions as a court would. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuses of intellectual property rights.

(a) Section 2 above shall not apply to you and shall be replaced by the following:

2) About us

We are Bpp International Group Inc and, along with certain of our affiliates, we operate the Website. Bpp International Group Inc is a company registered in USA and our registered office is at 212 w 35^th Street. New York. NY 10001.We provide the Services to you through the Website. Further details of the Services we provide are set out in section 3 below.

When you purchase products from the Selected Partners using the Website, and the goods are in the EU at the point of sale, Bpp International Group Inc. will invoice you directly for the product and associated delivery services. Where the goods are in the UK at the point of sale, . Bpp International Group Inc will invoice you directly for the product and associated delivery services. In such cases the provisions of Article 14(2)(c) and Article 28 (as applicable) of the EU VAT Directive 2006/112/EC will apply for EU VAT purposes and section 47 (as applicable) of the UK VAT Act 1994, will apply for UK VAT purposes. This does not change the underlying contract governing the supply of goods from the Selected Partner to you and all your statutory rights are unaffected. Further details about the products, the Selected Partners and the contract between you and the Selected Partners in relation to your purchase of the products are set out in sections 5, 6 and 7 below.

(b) Section 6 above shall not apply to you and shall be replaced by the following:

6) Fashionbarbshop Partners As explained above, the contract for the purchase of the products is between you and the relevant Partner.

We request that all Partners using the Website have and maintain reasonable business policies which comply with our own business policies. We cannot, however, be responsible for the Partners’ business policies. If you are unhappy with the product or service you have received from a Partner, you should contact us, and we will liaise with the relevant Partner on your behalf to try and resolve the issue.

Further information about the Partners and the products they offer is available in our How to Shop page.

(c) Paragraph 1 of section 7(b) above shall not apply to you and shall be replaced by the following:

(b) Pricing and availability. Whilst we try and ensure that all details, descriptions and prices that appear on the Website are accurate, as this information is provided to us by the Partners, there may be cases where errors occur. If we discover an error in the price of any products that you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, your order will be treated as cancelled. If you cancel and you have already paid for the products, you will receive a full refund as soon as possible.

(d) Paragraph 2 of section 7(b) above shall not apply to you and shall be replaced by the following:

If you are viewing the Website from the UK, the product prices advertised on the Website from Partners located within the UK are inclusive of the VAT charged by us. Delivery costs are not included in the prices and will be charged in addition. The delivery costs (which will include VAT charged by us) will vary depending on the products that you have ordered and your delivery address. Please see the “Shipping Information” section of our Orders and Shipping page for further details. The delivery costs applicable to your order will be clearly displayed at checkout before you place your order (and are included in the “Total Cost” amount shown on the order summary page).

(e) Paragraph 1 of section 7(c) above shall not apply to you and shall be replaced by the following:

(c) Payment Please see the “Which payment methods do you accept?” section of our FAQs for details of our available payment methods. When you submit your order, we carry out a standard pre-authorisation check on your payment card and products will not be dispatched until the details you have provided are verified. For information on when your payment will be debited from your account please see the “When will my card be charged?” section in our FAQs.