Terms of Use

Welcome to the clothescheap.com website. By using, visiting or shopping at the clothescheap.com website, you agree to be bound by these Terms of Use, as well as the other policies posted on the clothescheap.com website. In these Terms of Use, the clothescheap.com website is referred to as the "Site".

Use of Site

You represent and warrant that you are over 18 years old or visiting the Site under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, clothescheap.com grants you a limited, non-exclusive, revocable license to access and make non-commercial use of the Site and not to download (other than page caching) or modify the Site or any portion of the Site, only use the Site by displaying it on your internet browser for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except with the express written consent of clothescheap.com in advance.

clothescheap.com also grants you a limited, non-exclusive, revocable right to create and display a hyperlink to the home page of the Site so long as the link does not portray clothescheap.com, its affiliates or their products or services in a false, misleading, derogatory or otherwise offensive matter.

Prohibited Uses of the Site

The licenses set forth in these Terms of Use do not include any rights to:

• Interfere or attempt to interfere with the proper operation of the Site;
• Bypass any measures used to prevent or restrict access to any portion of the Site;
• Use any robot, spider, data-miner, scraper or other automated means to access the Site or its systems for any purpose or to copy, probe, test or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site or to obtain or attempt to obtain any materials, documents or information through any means not purposely made available by clothescheap.com or its affiliates through the Site;
• Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site;
• Compile, repackage, disseminate or otherwise use data available on or extracted from the Site, including product information and prices;
• Reproduce, record, retransmit, sell, lease, transmit, distribute, publish, post or perform any of the content of the Site;
• Modify, download (other than page caching), reproduce, copy, resell, disassemble, decompile or otherwise exploit the Site, the content or any portion or derivative thereof;
• Copy or download any account information of any user of the Site for the benefit of any other person or entity;
• Frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of clothescheap.com;
• Use clothescheap.com’s name, trademarks, service marks or logos in any meta tags or any other “hidden text”;
• Use clothescheap.com’s logo or other proprietary graphic or trademark as part of a link without express written permission.

Each of the foregoing is expressly prohibited unless the prior express written consent of clothescheap.com. Any unauthorized use of the Site or any portion or derivative thereof by, on behalf of or through you shall terminate any license or permission granted by clothescheap.com

Termination of Access

You agree that clothescheap.com may, in its sole discretion and without prior notice to you, terminate or suspend your access to all or any part of the Site and your “My Account” without notice, for any reason, including without limitation: (1) attempts to obtain unauthorized access to the Site or assistance to others attempting to do so, (2) attempting to overcome software security features limiting use of or protecting any content available on the Site, (3) discontinuance or material modification of the Site or any service available on or through the Site, (4) violations of these Terms of Use or applicable law, (5) failure to pay for purchases, (6) suspected or actual copyright or trademark infringement, (7) unexpected operational difficulties or (8) requests by law enforcement or other government agencies.  YOU AGREE THAT CLOTHING.NET WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR TERMINATION OF YOUR ACCESS TO THE SITE.

INTELLECTUAL PROPERTY RIGHTS AND USER CONTENT

Copyright

All content included on the Site, such as text, graphics, articles, logos, user interfaces, button icons, images, photographs, audio clips, digital downloads, data compilations and software, is the property of clothescheap.com or its product suppliers, licensors or content suppliers (includes users who supply Content) and is protected by applicable copyright laws. The design, selection, arrangement, coordination and compilation of all content on the Site are the exclusive property of clothescheap.com and protected by applicable copyright laws in China. All software used on the Site is the property of clothescheap.com or its software suppliers and is protected by applicable copyright laws.

Third-Party Content; Copyright Claims

clothescheap.com certain content supplied by third parties and has no editorial control over such content. Any opinions, advice, statements, descriptions, services, offers or other information that constitutes part of content expressed or made available by third parties or through the site are only those of the respective authors or distributors and not of clothescheap.com. None of the clothescheap.com parties guarantee the accuracy, validity, truthfulness, completeness, reliability or usefulness of any Third-Party Content. The clothescheap.com Parties make no endorsement or representations as to the accuracy, validity, truthfulness, completeness, reliability or usefulness of any Third-Party Content, unless made an authorized clothescheap.com representative while acting in his/her official capacity (and in such case subject to the terms hereof). Under no circumstance will any clothescheap.com Party be liable for or in connection with any errors or omissions in any Third-Party Content, any links embedded in any Third-Party Content, any loss or damage caused by your reliance on any Third-Party Content or any other harm arising from any Third-Party Content.

No clothescheap.com Party will assume any liability for any damage resulting from any infringement of copyright, trademark or other proprietary rights in any Third-Party Content. However, if you believe that the Site contains Content that infringes copyright rights held by you, please contact clothescheap.com at the e-mail address below with the following information:

1. A description of the copyrighted work that you claim has been infringed;
2. A description of where the material that you claim is infringing is located on the Site;
3. Your address (including country), telephone number and e-mail address;
4. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
5. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

Your notice should be sent to service@clothescheap.com

Submission of Reviews and Other User Content

Where allowed on the Site, users or other persons may submit reviews, comments, articles, contest entries and other Content to the Site or users may offer or disclose Content, ideas or other materials to clothescheap.com in connection with the Site (each such submission, offer or disclosure being a "Submission") . If you choose to submit such Content, you agree not to use a false e-mail address, impersonate any person or entity or otherwise mislead any clothescheap.com Party or any Site user as to the origin of any such Content.  You agree, represent and warrant that any Submissions submitted by you will be accurate and will not violate these Terms or Conditions, any applicable law or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s) and will not cause injury to any person or entity.  You agree, represent and warrant that you have the authority to make all Submissions submitted by you and to grant the rights and licenses described herein with respect to all such Submissions. You further agree, represent and warrant that no Submission submitted by you to the Site will be or contain unlawful, libelous, false, inaccurate, misleading, threatening, harassing, defamatory, discriminatory, racist, violent, sexually explicit, pornographic, indecent, abusive, offensive or obscene material or contain software viruses, political campaigning, commercial, survey, research or other solicitations, bulk communications, chain letters, advertising, commercial offers, mass mailings or any form of (spam). 

clothescheap.com has the right but not the obligation to monitor and edit, move or remove any activity, Content or Submission on the Site. However, clothescheap.com does not regularly review Submissions, and have the right to presume that all Submissions comply with these Terms of Use. 

clothescheap.com does not acquire title or other ownership rights in or to any Submission made by you. However, you agree that by posting, inputting, uploading, providing or otherwise submitting, offering or disclosing a Submission you are: (1) unconditionally granting clothescheap.com, its affiliates and sublicensees permission (including, without limitation, the Site), including, without limitation, the transferable, non-exclusive, world-wide, royalty-free, perpetual, irrevocable, fully sub-licensable right and license to use, copy, excerpt, distribute, disclose, transmit, display (publicly or otherwise), perform (publicly or otherwise), publish, edit, reproduce, create derivative works from, translate, reformat, host, index, cache, encode, tag, modify and adapt your Submission in any manner, for any purpose, without restriction and in any form or media now known or hereinafter developed and to use and publish in connection with your Submission your name, image, and other personal information, to the extent submitted by you in connection with your Submission; and (2) unconditionally granting to each user of the Site a non-exclusive license to access your Submission through the Site and to tag, rate, review, comment on, reproduce, use, distribute, display and perform such Submission as permitted through the functionality of the Site and under these Terms of Use. To the extent any right you may have in or relating to any Submission cannot be licensed to clothescheap.com or its affiliates under any applicable law or under any legal theory, you hereby irrevocably waive any and all such rights, including without limitation rights of publicity, rights of privacy, trademark rights, trade secret rights, copyright rights, patent rights and "moral rights" or other rights with respect to attribution of authorship or integrity of materials. clothescheap.com is and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to treat any Submission or the ideas therein as proprietary; (3) to pay to you or any person or entity any compensation for any Submissions; or (4) to use, return, or respond to any Submissions.

IMPORTANT NOTICE TO CUSTOMERS OUTSIDE OF CHINA: CUSTOMS ISSUES, REGIONAL INTELLECTUAL PROPERTY RIGHTS:

clothescheap.com’s product inventory available on the Site includes tens of thousands of products, and product listings are constantly being changed and updated. clothescheap.com’s customers are located in various parts of the world.  As a result, it is impossible for clothescheap.com to confirm whether import and sale of any of these products may conflict with local exclusive distribution rights in effect from time to time or otherwise constitute a violation of local law.

clothescheap.com makes every effort to ensure that the products it sells are genuine and legitimate.  Import and sale of certain of the products offered on the site, however, may not be permissible in all countries, including without limitation the united states of america, as a result of local customs regulations, local copyright and trademark rights.

by purchasing a product on the site, you agree that such purchase and the import of such product complies with the laws of the country to which you have requested clothescheap.com to ship the product, and agree that you will be considered the sole “importer” of the product to your country for all purposes, including customs regulations and copyright and trademark laws.  You acknowledge and agree that clothescheap.com’s role is limited to procuring products available in asia and other regions and making these products available through the site to you for purchase in china and for your import to the country.  In no event will clothescheap.com be a party to the import of such products nor will any clothescheap.com party be responsible for any liability arising under the laws of any country other than the china special administrative region for the import and sale of products available on the site, including without limitation customs regulations, holds, detentions and seizures, copyright and trademark laws.

By purchasing a product through the Site, customers outside of China authorize clothescheap.com to make arrangements for custom clearance on their behalf for their orders.

PAYMENT FOR PRODUCTS PURCHASED THROUGH THE SITE

Methods of Payment

clothescheap.com offers a variety of payment methods on the Site for the convenience of customers. You agree to pay all fees incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred.

If you pay by credit card, your card issuer agreement governs your use of your card, and you must refer to that agreement and not these Terms of Use to determine your rights and liabilities as a cardholder. You, and not clothescheap.com, are responsible for paying any unauthorized amounts billed to your credit card by a third party. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify clothescheap.com of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you in all respects and for all purposes. If clothescheap.com does not receive payment through your credit card or its agent, you agree to pay all amounts due upon demand by clothescheap.com or its agents.

If payment is made by PayPal, the User Agreement for the PayPal Service will govern your use of that service, and you must refer to that agreement and not these Terms of Use to determine your rights and liabilities as a PayPal member. You, and not clothescheap.com, are responsible for paying any unauthorized amounts billed to your paypal account by a third party. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify clothescheap.com of any discrepancies within sixty (60) days after you first receive notice thereof, you agree that they will be deemed accepted by you in all respects and for all purposes. If clothescheap.com does not receive payment through the PayPal, you agree to pay all amounts due upon demand by clothescheap.com or its agents.
For customers in China, clothescheap.com may offer the option to pay by direct deposit to specified bank accounts of clothescheap.com or by cash on delivery (COD). If either of these options is available, a description will be included in payment page. Any fees payable in connection with direct deposit or COD, including any fees payable by clothescheap.com's bank, must be paid by customers.

clothescheap.com does not accept any other payment methods unless expressly set forth on the Site. If clothescheap.com offer or accept any other methods of payment, you hereby agree to all restrictions, terms and conditions associated with such additional form of payment.

Taxes

You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. clothescheap.com will automatically charge and withhold any applicable tax for orders to be delivered to any jurisdictions that it deems is required.

PRODUCT DESCRIPTIONS AND PRICES

Product Descriptions

Products shown on the Site may contain descriptions that are provided directly by the publisher, manufacturer or distributor of such products. clothescheap.com does not represent or warrant that the descriptions of any products shown on the Site are accurate or complete. If a customer purchases a product from clothescheap.com that is not as described on the site, the customer sole and exclusive remedy shall be to return such product in unused condition for clothescheap.com credit in the amount of the purchase price.

clothescheap.com has made every effort to display the colors of products on the Site as accurately as possible.  However, as the actual colors you see will depend on your monitor, clothescheap.com cannot guarantee that your monitor’s display of any color will be accurate.

Prices

clothescheap.com cannot confirm the price of a product until you order. It is possible that the price for a product may increase or decrease between the time that the product is placed in a “shopping cart” or “shopping bag” and the time that the purchase is actually made. Also, despite clothescheap.com’s efforts, a small number of the products on the Site may display incorrect prices. If the price for the product on the Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of clothescheap.com, clothescheap.com may either (a) contact you for instructions before shipping the product or charging you for such product or (b) cancel the order for such product and notify you of such cancellation.

clothescheap.com will have the right to cancel any orders for products that have been listed at an incorrect price, rebate or refund, that contain other incorrect information or typographical errors or that are unavailable for any reason. clothescheap.com will have this right regardless of whether the order has been confirmed or the order has been charged. If your payment service has already been charged for the purchase and your order is cancelled, clothescheap.com will immediately issue a credit to your payment service in the amount of the charge.

OTHER ISSUES

Order Acceptance

Please note that there may be certain orders that we are unable to accept and must be cancelled. clothescheap.com reserves the right, at sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If such is the case, we will contact you if all or any portion of your order is canceled or if additional verification or information is required to accept your order.

Your Account

Certain portions of the Site may require you to create an account, username and password. You are responsible for maintaining the confidentiality of such account, username, and password and agree to accept responsibility for all activities that occur under your account, username or password. You agree to notify clothescheap.com immediately of any unauthorized usage of your account, username or password or any other breach of security with respect to the Site. You may not use anyone else’s account, username or password at any time. You may not attempt to gain unauthorized access to the Site. You may not authorize any other person to use your account, username or password. You agree to provide clothescheap.com with accurate, current and complete information about yourself and your billing information as prompted in the registration process. You may update your account information by clicking on the “My Account” link on the Site.

DISCLAIMER AND LIMITATION OF LIABILITY

The Site, including any content or information contained with it or any service, or any products or purchased through the Site, is provided by clothescheap.com on an “as-is” and “as-available” basis.clothescheap.com makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content (including third-party content), materials, products (including cosmetic products, personal care products, and contact lenses), or services included on this Site except as provided here to the full extent permissible by applicable law, clothescheap.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, quiet enjoyment, data accuracy and system integration. No clothescheap.com party guarantees or warrants the performance of any supplier or other third party, including any such third party's conformance, or the conformance of any third party’s product or description thereof, to any law, rule, regulation, or policy. Neither clothescheap.com nor any other clothescheap.com party warrants that the Site, its servers or e-mail sent from clothescheap.com are free of viruses or other harmful components or that the Site will operate without interruption or that the Site may include inaccuracies, mistake or typographical errors or error free. No clothescheap.com party will be liable for any damages of any kind arising, from the use of this site, including, but not limited to indirect, incidental, punitive, exemplary, special or consequential damages, regardless of whether such damages are based on contract, strict liability, tort, or other theories of liability, and also regardless of whether any clothescheap.com party was given actual or constructive notice that damages were possible. Without limiting the foregoing, you agree that the aggregate liability of the clothescheap.com parties arising from or related to any product ordered from the site (including cosmetic products, personal care products, and contact lenses), regardless of the form of action or claim, is limited to the purchase price of such product.

Without limitation to the foregoing, you expressly agree that your use of the Site is at your sole risk.

APPLICABLE LAW AND DISPUTES

Applicable Law

The agreement between clothescheap.com and the customers is applicable to the laws of the PRC. All disputes shall be judged by the People's Court where clothescheap.com is located.

Disputes

Any dispute, controversy or claim relating in any way to your visit to the Site or to products you purchase through the Site shall be submitted to confidential binding arbitration in China conducted under China law, except that, to the extent you have in any manner violated or threatened to violate the intellectual property rights of clothescheap.com or any affiliate or licensor of clothescheap.com, clothescheap.com may seek injunctive or other appropriate relief in any appropriate jurisdiction and court. 

Severability

If any of these terms or conditions shall be deemed invalid, illegal, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining portion of these Terms of Use.

Delay in Enforcement

No delay or failure to take action under these Terms of Use shall constitute any waiver by clothescheap.com of any provision of these Terms of Use.

Complete Agreement

These Terms of Use, together with clothescheap.com’s Privacy Policy and any other policies posted on the Site from time to time, constitute the complete agreement between you and clothescheap.com with respect to the subject matter hereof and thereof and supersede all prior agreements or representations between you and clothescheap.com.

Indemnification

You agree to defend, indemnify and hold harmless clothescheap.com and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to the use of the Site and any Content available on the Site.

Modification to Terms of Use

clothescheap.com reserves the right, at its sole discretion, to change, add or remove portions of these Terms of Use at any time.  It is your responsibility to check these Terms of Use each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you, and all other uses of the Site will be subject to the terms and conditions of these Terms of Use, which shall apply until clothescheap.com posts a modified Terms of Use and then in accordance with such modified Terms of Use.


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