Terms and Conditions

Last updated: April 12, 2018

Miami Fashion Group Services LLC and/or its affiliates (“Miami Fashion Group“) provide website features and other products and services to you when you visit or shop at Miami Fashion Group .com, use Miami Fashion Group products or services, use Miami Fashion Group applications for mobile, or use software provided by Miami Fashion Group in connection with any of the foregoing (collectively, “Miami Fashion Group Services”). Miami Fashion Group provides the Miami Fashion Group Services subject to the following conditions.

By using Miami Fashion Group Services, you agree to these conditions. Please read them carefully.

We offer a wide range of Miami Fashion Group Services, and sometimes additional terms may apply. When you use an Miami Fashion Group Service (for example, Your Profile, Gift Cards, Miami Fashion Group Video, Your Media Library, or Miami Fashion Group applications for mobile) you also will be subject to the guidelines, terms and agreements applicable to that Miami Fashion Group Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

PRIVACY

Please review our Privacy Notice, which also governs your use of Miami Fashion Group Services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use any Miami Fashion Group Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Miami Fashion Group Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any Miami Fashion Group Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Miami Fashion Group or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Miami Fashion Group Service is the exclusive property of Miami Fashion Group and protected by U.S. and international copyright laws.

TRADEMARKS

Click here to see a non-exhaustive list of Miami Fashion Group trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Miami Fashion Group Service are trademarks or trade dress of Miami Fashion Group in the U.S. and other countries. Miami Fashion Group ‘s trademarks and trade dress may not be used in connection with any product or service that is not Miami Fashion Group ‘s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Miami Fashion Group . All other trademarks not owned by Miami Fashion Group that appear in any Miami Fashion Group Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Miami Fashion Group .

PATENTS

One or more patents owned by Miami Fashion Group apply to the Miami Fashion Group Services and to the features and services accessible via the Miami Fashion Group Services. Portions of the Miami Fashion Group Services operate under license of one or more patents. Click here to see a non-exhaustive list of applicable Miami Fashion Group patents and applicable licensed patents.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Miami Fashion Group or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Miami Fashion Group Services. This license does not include any resale or commercial use of any Miami Fashion Group Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Miami Fashion Group Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Miami Fashion Group or its licensors, suppliers, publishers, rightsholders, or other content providers. No Miami Fashion Group Service, nor any part of any Miami Fashion Group Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Miami Fashion Group . You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Miami Fashion Group without express written consent. You may not use any meta tags or any other “hidden text” utilizing Miami Fashion Group ‘s name or trademarks without the express written consent of Miami Fashion Group . You may not misuse the Miami Fashion Group Services. You may use the Miami Fashion Group Services only as permitted by law. The licenses granted by Miami Fashion Group terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT

If you use any Miami Fashion Group Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Miami Fashion Group does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Miami Fashion Group Services only with involvement of a parent or guardian. Miami Fashion Group reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, photos, videos, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Miami Fashion Group reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Miami Fashion Group a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Miami Fashion Group and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Miami Fashion Group for all claims resulting from content you supply. Miami Fashion Group has the right but not the obligation to monitor and edit or remove any activity or content. Miami Fashion Group takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS

Miami Fashion Group respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement

RISK OF LOSS

All items purchased from Miami Fashion Group are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS AND TITLE

All sales are final. No returns and refunds accepted.

PRODUCT DESCRIPTIONS

Miami Fashion Group attempts to be as accurate as possible. However, Miami Fashion Group does not warrant that product descriptions or other content of any Miami Fashion Group Service is accurate, complete, reliable, current, or error-free. If a product offered by Miami Fashion Group itself is not as described, your sole remedy is to return it in unused condition.

PRICING

“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Miami Fashion Group and other retailers. Certain products may have a “Was Price” displayed, which is determined using recent price history of the product on Miami Fashion Group .

With respect to items sold by Miami Fashion Group , we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Miami Fashion Group is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

 

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE Miami Fashion Group SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Miami Fashion Group SERVICES ARE PROVIDED BY Miami Fashion Group ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Miami Fashion Group MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE Miami Fashion Group SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Miami Fashion Group SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE Miami Fashion Group SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Miami Fashion Group DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Miami Fashion Group DOES NOT WARRANT THAT THE Miami Fashion Group SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Miami Fashion Group SERVICES, Miami Fashion Group ‘S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM Miami Fashion Group ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Miami Fashion Group WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY Miami Fashion Group SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY Miami Fashion Group SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

DISPUTES

Any dispute or claim relating in any way to your use of any Miami Fashion Group Service, or to any products or services sold or distributed by Miami Fashion Group or through MiamiFashionGroup.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

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 Conditions of Use as a court would.

 

APPLICABLE LAW

By using any Miami Fashion Group Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Miami Fashion Group.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of Miami Fashion Group Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.