Terms & Conditions – Marketplace
Fashionista Boutique Marketplace Terms of Service
Welcome to Fashionista Boutique Marketplace. Fashionista Boutique Marketplace is an additional service on Fashionista Boutique where Fashionista Boutique-registered Buyers will be able to enjoy the rights and privileges described in these Fashionista Boutique Marketplace Terms of Services (these “Fashionista Boutique Marketplace Terms of Service”) when purchasing Marketplace Items (defined below) on Fashionista Boutique Marketplace from any of our participating Sellers that have been carefully selected by Fashionista Boutique (such Sellers, “Marketplace Sellers”, and such Buyers, “Marketplace Buyers”). If you are a Marketplace Buyer, you will be deemed to have consented to the terms and conditions described in these Fashionista Boutique Marketplace Terms of Service when you make purchases on Fashionista Boutique Marketplace. Similarly, if you are a Marketplace Seller, you will be deemed to have consented to the terms and conditions described in these Fashionista Boutique Marketplace Terms of Service by your continued participation in Fashionista Boutique Marketplace. These Fashionista Boutique Marketplace Terms of Service supplement the Terms of Service and the other Fashionista Boutique Policies, of which these Fashionista Boutique Marketplace Terms of Service forms a part – please read the Terms of Service and the other Fashionista Boutique Policies available on the Site as they contain important information regarding your rights and obligations. Any terms that are used in these Fashionista Boutique Marketplace Terms of Service that are not defined here will have the meanings given to such terms in the Terms of Service and/or the applicable Fashionista Boutique Policy. All terms and conditions described in these Fashionista Boutique Marketplace Terms of Service are subject to change at Fashionista Boutique discretion pursuant to the Terms of Service.
1. Fashionista Boutique Marketplace Refunds and Return Policy
1.1 Marketplace Buyer may apply for a refund and/or return of an item purchased on Fashionista Boutique Marketplace (a “Marketplace Item”) by completing a return/refund request and returning the Marketplace Item as described below at any time within fifteen (15) calendar days after the date that Marketplace Item was first made available for Marketplace Buyer to take delivery (the “Free Return Period”). Usually, that date would be the date Marketplace Buyer received delivery of the Marketplace Item; however, if Marketplace Buyer did not receive the Marketplace Item because of Marketplace Buyer’s absence from the destination address or Marketplace Buyer’s failure to input the proper destination address, that date would be the date on which delivery attempt was first made.
1.2 Please note that Marketplace Buyer must ship the Marketplace Item to a location designated by Fashionista Boutique within three (3) calendar days after the return request is raised and in any event no later than the last day of the Free Return Period. All Marketplace Items that are returned must be returned via international post, Shopfront or a courier designated by Fashionista Boutique by no later than the last day of the Free Return Period. Fashionista Boutique reserves the right to reject any application where the Marketplace Item was dispatched later than seven (7) calendar days after the return request is raised.
1.3 The approval of your request for refund and return will be made by Fashionista Boutique in its sole discretion after reviewing your completed refund/return request and inspecting the condition of the Marketplace Item that was returned. The Marketplace Item that was returned must be, at a minimum, in the following conditions:
- New and sealed condition;
- Complete, with all items included in the purchase; and
- With original product packaging and price tags.
If any additional conditions apply to a certain Marketplace Item, Fashionista Boutique will inform you via the Site, SMS or email. The conditions for the Marketplace Items subject to return are referred to as the “Return Conditions”.
1.4 In addition, please note that certain types of Marketplace Items may be excluded from the Refunds and Return Policy described in these Fashionista Boutique Marketplace Terms of Service, including:
- Digital goods, such as mobile top-up cards, audio or video recording or software;
- Goods that are perishable or may otherwise deteriorate or expire rapidly, such as baked goods, sweets and chocolates, flowers and plants, groceries; and
- Goods that are not suitable for return due to health protection or hygienic reasons, such as cosmetics, swimwear and underwear.
If any Marketplace Item is excluded from the Refunds and Return Policy described in these Fashionista Boutique Marketplace Terms of Service, Fashionista Boutique will make reasonable efforts to publish that information on our Site or otherwise inform the Marketplace Buyers; however, please note that our policies may change without notice at any time and certain Marketplace Items may be subject to exclusion after Marketplace Buyer has purchased them. Any Marketplace Item that is subject to exclusion from the Refunds and Return Policy described in these Fashionista Boutique Marketplace Terms of Service is referred to as an “Excluded Item”.
1.5 Fashionista Boutique reserves the right to (a) add to or otherwise amend the list of Excluded Items and/or the Return Conditions and (b) amend, terminate or suspend the Refunds and Return Policy described in these Fashionista Boutique Marketplace Terms of Service (including the length of the Free Return Period), in each case, at any time in its sole discretion.
1.6 Fashionista Boutique may reject in its sole discretion any returned Marketplace Item (and the related request for refund and return):
- that is an Excluded Item;
- that does not meet the Return Conditions; or
- if the Marketplace Item was returned in a manner that does not comply with Section 1.2 above.
Please note that Fashionista Boutique’s determination will be based on the list of terms of conditions in effect at the time of such determination (including the list of Excluded Items, the Return Conditions and the Free Return Period), and therefore pursuant to Section 1.5 above, such list of Excluded Items, the Return Conditions and/or the length of Free Return Period may be different from those in effect at the time Marketplace Buyer has completed the refund/return request and/or returned the Marketplace Item.
If Fashionista Boutique rejects a request for refund and return, Fashionista Boutique will organize the delivery of such Marketplace Item to the relevant Marketplace Buyer’s address to which the Marketplace Item was originally delivered, and Fashionista Boutique shall be entitled to seek compensation from such Market Buyer for any costs incurred in delivering the Marketplace Item back to such Mall Buyer.
1.7 Fashionista Boutique reserves the right to terminate a User’s access to Fashionista Boutique Marketplace if it suspects any abuse of the Refunds and Return Policy described in these Fashionista Boutique Marketplace Terms of Service and, if Fashionista Boutique deems appropriate, may also impose penalties (including recovery of any fees or charges incurred as a consequence of such abuse).
1.8 The Refunds and Return Policy for Marketplace Items described in these Fashionista Boutique Marketplace Terms of Service are in addition to the general Refunds and Return Policy described in the Refunds and Return Policy. If there is any inconsistency, the Refunds and Return Policy described in these Fashionista Boutique Marketplace Terms of Service will prevail in respect of Marketplace Items.
2. Marketplace Seller Terms and Conditions
2.1 If you are a Marketplace Seller, you should have received a separate written notification from Fashionista Boutique Marketplace informing you of your selection to participate in Fashionista Boutique Marketplace. If you decide not to participate in Fashionista Boutique Marketplace at any time, please inform Fashionista Boutique in writing; otherwise, you will be deemed to have elected to continue your participation in Fashionista Boutique Marketplace and consented to the terms and conditions set out in these Fashionista Boutique Marketplace Terms of Service. Fashionista Boutique may, at any time and at its sole discretion, suspend or remove any Marketplace Seller from the Fashionista Boutique Marketplace program.
2.2 Each Marketplace Seller warrants that the Marketplace Item it offers on Fashionista Boutique Marketplace and actually delivered to Marketplace Buyer (a) complies with (i) applicable law and (ii) the specifications listed (and made available to Marketplace Buyer) on the Site, including any and all product warranties, specifications, drawings, samples, performance criteria and all applicable quality, safety and hygiene requirements, and (b) will be free from defects. Each Marketplace Seller understands and agrees that it will be responsible for any non-conformity or defect in, or any public or private recall of, any of the Marketplace Items, and will hold Fashionista Boutique harmless from any losses relating to the foregoing.
2.3 If a Marketplace Seller is found to have offered or sold any Marketplace Item on Fashionista Boutique Marketplace that is restricted under Fashionista Boutique’s Prohibited and Restricted Items Policy, Fashionista Boutique reserves the right to, at its sole discretion, remove the offending Marketplace Items from Fashionista Boutique Marketplace, and execute refunds (and any adjustments) to Marketplace Buyers who have purchased such Marketplace Items (even if Marketplace Buyers did not comply with any of the requirements described in Section 1 above), in which case Marketplace Seller agrees to reimburse Fashionista Boutique for all such refunds (including any related costs and charges) and authorizes Fashionista Boutique to deduct such amounts from any amounts payable to Marketplace Seller or take such other action as deemed appropriate by Fashionista Boutique in its discretion.
2.4 Fashionista Boutique’s determination to approve a refund or return of a Marketplace Item pursuant to Section 1 above is binding on the relevant Marketplace Seller. Marketplace Sellers agree to comply and do all such things as necessary to give effect to a Marketplace Buyer’s request for a refund or return approved by Fashionista Boutique.
2.5 For any refund or return request approved by Fashionista Boutique, Fashionista Boutique will organize the delivery of the relevant returned Marketplace Item to the address provided by the relevant Marketplace Seller to Fashionista Boutique in writing for the completion of the refund and return process, at no additional cost to such Marketplace Seller so long as such address is in the country in which the relevant Marketplace Item was listed for sale on the Site (a “Local Address”). If Marketplace Seller fails to provide a Local Address for return of the returned Marketplace Item or otherwise fails to accept delivery of the returned Marketplace Item within a reasonable period of time (as determined by Fashionista Boutique), Fashionista Boutique reserves the right to dispose of such Marketplace Item in any manner it sees fit and Marketplace Seller shall be deemed to have forfeited all rights to such Marketplace Item.
2.6 For any refund or return rejected by Fashionista Boutique where the relevant Marketplace Item was received by Fashionista Boutique, Fashionista Boutique will organize the delivery of such Marketplace Item to the relevant Marketplace Buyer’s address pursuant to Section 1.6 above.
3. Fashionista Boutique Marketplace 100% Authentic Product Policy
3.1 All products listed by Marketplace Sellers must be 100% authentic.
3.2 Counterfeit products are prohibited from being listed in Fashionista Boutique Marketplace. The term “counterfeit” encompasses a product that was made in exact imitation of an existing brand with the intention to deceive or defraud and may include, but is not limited to:
- A product that violates any local country laws in which they are sold;
- A product that is a fake or a replica of an existing official product;
- A product that has never been produced by a specific brand;
- A product that is significantly under-priced;
- A product containing a registered trademark on the product, the packaging or anywhere related to the product without the authorization of the trademark owner;
- A product that contains specific design elements (e.g. cartoon characters or colourways) protected by a trademark; without the authorization of the trademark owner;
- A product that bears such similarities with other products (e.g. a replica of a branded item with or without altered logos) without the authorization of the trademark owner;
- A product that has no visible trademark on the product image on the listing, but the delivered product includes a trademark; and
- Usage of a photo on the listing that contains the trademark of a brand.
3.3 Original equipment manufacturer (“OEM”) brands are permitted as long as no official brand logo is displayed on any OEM product image and no official brand name is stated in any part of the product information.
3.4 If requested by Fashionista Boutique, the Marketplace Seller shall promptly provide documentation to Fashionista Boutique that proves (to Fashionista Boutique’s reasonable satisfaction) the authenticity of the Marketplace Item including, but not limited to, manufacturer sales invoices, authorized distribution agreements and/or certificates of authenticity (“Proof of Authenticity”).
3.5 If the Marketplace Seller fails to provide Proof of Authenticity, the Marketplace Seller shall:
(a) accept the return of the Marketplace Item from the Marketplace Buyer;
(b) refund to the Marketplace Buyer twice the amount that the Marketplace Buyer paid for the Marketplace Item or, where Fashionista Boutique has already refunded this amount to the Marketplace Buyer, the Marketplace Seller shall refund such amount to Fashionista Boutique;
(c) be liable to compensate Fashionista Boutique for such other costs, expenses, losses and liabilities suffered or incurred by Fashionista Boutique (including, but not limited to, loss of goodwill) as determined at Fashionista Boutique’s sole discretion.
3.6 In the event that Fashionista Boutique determines, at its sole discretion, that Marketplace Seller has violated Section 3, Fashionista Boutique may take all appropriate measures, including but not limited to removing the counterfeit Marketplace Item listing from the Site, prohibiting the publication of the same or similar goods and/or restricting, suspending or terminating the Marketplace Seller’s Fashionista Boutique account and/or access to Fashionista Boutique Marketplace. Marketplace Seller’s obligations and liabilities under these Terms of Service will not be affected by the restriction, suspension or termination of the Marketplace Seller’s account.
4. Fashionista Boutique Marketplace Transaction Fees
4.1 Fashionista Boutique charges a fee for all successful transactions completed on Fashionista Boutique Marketplace (“Fashionista Boutique Marketplace Transaction Fee”). The Fashionista Boutique Marketplace Transaction Fee is borne by the Marketplace Seller, and is calculated as (i) three percent (30%) of the Gross Settlement Price, rounded up to the nearest cent, for the sale of all celebration-gift-hamper products. The Gross Settlement Price for an item is the Buyer’s Purchase Monies for that item, plus any Fashionista Boutique rebate, voucher and/or coins applied to such item by the Buyer. For the avoidance of doubt, the categorization of a product are standardized which shall be at Fashionista Boutique’s sole and absolute discretion. The Fashionista Boutique Marketplace Transaction Fee is subject to GST (“Fashionista Boutique Marketplace Tax Amount”), and the Marketplace Seller is responsible for such Fashionista Boutique Marketplace Tax Amount.
4.2 Following the successful completion of a transaction, Fashionista Boutique shall deduct the Fashionista Boutique Marketplace Transaction Fee and the Fashionista Boutique Marketplace Tax Amount from the Buyer’s Purchase Monies, and remit the net balance to the Marketplace Seller in accordance with Section 12.2 of the Terms of Service. Fashionista Boutique shall issue receipts or tax invoices for the Fashionista Boutique Marketplace Transaction Fee and Fashionista Boutique Marketplace Tax Amount paid by Marketplace Seller on request.
4.3 For the avoidance of doubt, (i) the Fashionista Boutique Marketplace Transaction Fee under this Fashionista Boutique Marketplace Terms of Service applies in addition to the Transaction Fee under the Terms of Service, and (ii) the Fashionista Boutique Marketplace Transaction Fee under this Fashionista Boutique Marketplace Terms of Service shall not apply to Digital Products Sellers.
4.4 The License will immediately and automatically terminate if at any time you do not timely comply with any obligation under the Program Documents (as defined in the Commission Income Statement), or otherwise upon termination of this Agreement. In addition, we may terminate the License in whole or in part upon written notice to you. You will promptly stop using the Fashionista Boutique platform and promptly remove your products and delete or otherwise destroy all of the Program Content and Fashionista Boutique Marks with respect to which the License is terminated or as we may otherwise request from time to time, if in the middle of transactional process divert away from Fashionista Boutique platform to transact outside. Sellers must abide to Fashionista Boutique regulations to transact within our seller and buyer platform. Failure to abide by rules will have operating license revoke.
Last update: 12 July 2021