Terms and Condition

Please read the Terms of Use carefully before you start to use the Site. BY ACCESSING, BROWSING OR USING THE SITE (INCLUDING YOUR SUBMISSION OF INFORMATION TO THIS SITE), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS OF USE, INCLUDING THE PRIVACY POLICY (WHICH IS INCORPORATED HEREIN BY REFERENCE), AND TO COMPLY WITH ALL APPLICABLE INDIA LAWS AND REGULATIONS. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE. You agree that the Terms of Use, combined with your act of using the Site, have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable statute of frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of the Terms of Use on the grounds that it was electronically transmitted or authorized. If you do not agree to be bound by these terms and conditions of use, you may not access or otherwise use this Site. We reserve the right to revise these terms and conditions from time to time. When we make changes, we will post them here. You may wish to check this section from time to time, because your use of the Site following any changes indicates your agreement to be bound by those modifications. This Site is offered and available to users who are 13 years of age or older. By using this Site, you represent and warrant that you meet the foregoing eligibility requirement. If you do not meet this requirement, you must not access or use the Site.

SITE USAGE POLICY
(A) SECURITY
You are prohibited from violating or attempting to violate the security measures on the Site, including, without limitation: Using a false password or one belonging to another user or accessing data not intended for the user or logging into a server or account which such user is not authorized to access; Disclosing a password or permitting a third party to use a password or failing to notify us if a password is compromised; Attempting to probe, scan or test the vulnerability of the system or network or to breach security or authentication measures without proper authorization; Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing"; Sending unsolicited e-mail, including promotions and/or advertising of products or services; Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or Hijacking all or any part of the Site content, deleting or changing any Site content, deploying pop-up messages or advertising, running or displaying this Site or any Site content in frames or through similar means on another Site, or linking to the Site or any page within the Site, without our specific written permission.
(B) GENERAL RULES
You agree to use the Site only for lawful purposes and only for your own personal, non- commercial use. You may not use the Site to transmit, post, download, distribute, copy, display publicly, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libellous, obscene, offensive, threatening, defamatory, abusive or hateful.
(C) VIOLATIONS
We have absolute discretion to determine if any use violates these rules, and to act as we deem appropriate in the event of any violation. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, cooperate with, and make disclosures to, law enforcement authorities in identifying and prosecuting users who are involved in such violations.
SITE CONTENTS
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, audio, video clips, text, "look and feel", layout, graphics, messages, files, documents, and written and other materials that appear as part of the Site (collectively, the "Contents") whether publicly posted or privately transmitted, as well as all derivative works are property owned, controlled, licensed or used with permission by FANATIC Perfumes, and/or its parents, subsidiaries and affiliates (collectively, "FANATIC Group") or other parties that have licensed to or otherwise permitted their material to be used by FANATIC Group. The Site as a whole and its Contents are protected by copyright, trademark, trade dress and other laws and all worldwide right, title and interest in and to the Site and its Contents are owned by FANATIC Group or used with permission. Fanaticfashion.com and all other trademarks appearing on this Site are trademarks of FANATIC Group or are licensed or used with permission of the owner by FANATIC Group. You agree not to display or use such trademarks without FANATIC Group’s prior written permission. FANATIC Group disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names and trade names other than its own. The Contents of the Site, and the Site as a whole, are intended solely for personal, non- commercial use by the users of the Site and may not be used except as permitted in these Terms of Use. You may share content from the Site with the use of the social media links (i.e. “Share:” “Pin It” and “Tweet”) provided on our Site. You may also share content from the Site via email through the use of our Email a Friend link. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading, sharing or copying. Except as noted above, you may not reproduce, republish, publish, upload, post, transmit, distribute (including by email or other electronic means), publicly display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software without the prior written consent of FANATIC Perfumes or the owner of such material. Nothing contained on this Site grants or should be construed as granting, any license or right to use, implied or otherwise, any trademarks, trade names, service marks, trade dress, copyrighted or other proprietary material displayed on this Site without the prior written consent of FANATIC Perfumes or the owner of such material. All rights not expressly granted herein by FANATIC Perfumes to you are reserved by FANATIC Perfumes and/or its licensors. Third-party trade names, product names and logos, contained in this website may be the trademarks or registered trademarks of their respective owners. The information presented on or through the Site is made available solely for general information purposes. We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
PRODUCT INFORMATION
The Products displayed on the Site may also be available in select department and/or company-owned stores in India and select foreign markets while supplies last. In some cases, merchandise displayed on the Site may not be available in stores and we make no representations or warranties that any of the Products or services displayed on the Site will be available at any time or location. Any prices displayed on the Site are quoted in Indian Rupee.
COLORS
We have made every effort to display as accurately as possible the colors of our Products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to FANATIC Group on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain FANATIC Group’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to FANATIC Group of all worldwide right, title and interest in all copyrights and other intellectual properties in the Comments. FANATIC Group is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that none of the Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that none of the Comments submitted by you to the Site will be or contain libellous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make. For FANATIC’s policy related to the formal submission of ideas, please see FANATIC’sidea submission policy.

YOUR PRIVACY RIGHTS
If you elect to provide FANATIC with your email address and check the box to receive marketing emails, You agree that FANATIC may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of FANATIC’s products or services, or for such other purpose(s) as we deem appropriate. All information we collect on this Site is subject to ourPrivacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
INDEMNIFICATION
You agree to defend, indemnify and hold FANATIC Group harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from: (i) your use of and access of the Site; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your use of the Site caused damage to a third party.
LINKS TO OTHER WEB SITES
To the extent that this Site contains links to outside services and resources, including other websites, the availability and content of which FANATIC Group does not own, operate or control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service, resource or website. Any such links are provided solely as a convenience to you. If you click on these links, you will leave this Site. FANATIC makes no representations or warranties concerning and is not responsible for the content, information or other material on or accessed from any other websites that are not owned, operated or controlled by FANATIC Group. Your linking to this Site, off-site pages or other sites is at your own risk and without the consent of FANATIC.
DISCLAIMER
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FANATIC ASSUMES NO RESPONSIBILITY FOR AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, INTERRUPTION OF SERVICE OR VIRUSES THAT MAY INFECT YOUR COMPUTER OR TELECOMMUNICATIONS EQUIPMENT ARISING FROM YOUR ACCESS TO OR USE OF THIS SITE AND ITS CONTENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FANATIC OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, ATTORNEYS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, SUCH AS LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS OR PROFITS, LOSS OR CORRUPTION OF DATA, EVEN IF FANATIC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION AND SERVICE AVAILABLE FROM THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FANATIC IS NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE SERVICES.
INACCURACY DISCLAIMER
From time to time there may be information on this Site that contains typographical errors, inaccuracies, or omissions, including those that may relate to product descriptions, pricing, availability, shipping, store locations and job postings. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We apologize for any inconvenience this may cause you. FANATIC will use commercially reasonable efforts to provide accurate and updated information. However, FANATIC cannot and does not guarantee the accuracy of such information. Finally, through the Site, FANATIC provides the capability for you to upload and download files from/to your computer. Although FANATIC takes the security precautions outlined in the Terms of Use and Privacy Policy, there can be no guarantee that files you download from the Site will be corruption free, will not be intercepted by pirates, or will meet your needs and expectations.
DISCLAIMERS OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FANATIC MAKES NO REPRESENTATION OR WARRANTIES AS TO ACCURACY. ALL INFORMATION AND MATERIALS AVAILABLE ON THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY THE APPLICABLE LAW, FANATIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO YOUR USE OF THIS SITE. THE SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. FANATIC DOES NOT WARRANT THAT THE SITE, ITS SERVERS OR EMAIL SENT FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
The above disclaimers of warranties do not apply to FANATIC’s limited standard product warranty for Products. LIMITATION OF OUR LIABILITY
Our liability for losses you suffer as a result of us breaking these Terms of Use and/or your purchases of our Products through the Site is strictly limited to the purchase price of the Product(s) you purchased giving rise to the cause of action. This does not exclude or limit in any way our liability: For fraud or fraudulent misrepresentation; or For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
JURISDICTION
This Site and the Contents thereof are displayed solely for the purpose of promoting FANATIC’s products and services available in India. This Site is operated by FANATIC Perfumes. FANATIC makes no representation that materials on the Site are appropriate or available for use in other locations and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.
GOVERNING LAW AND JURISDICTION
These Terms of Use shall be governed by, construed and enforced in accordance with the laws of India, without giving effect to any conflict of law provisions. Any dispute arising under these Terms of Use shall be resolved exclusively by a competent court in Surat, India. NOTICES FOR REPORTING AND MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT
FANATIC will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide FANATIC's copyright agent the written information specified below: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest A description of the copyrighted work that you claim has been infringed upon A description of where the material that you claim is infringing is located on the site Your address, telephone number, and e-mail address 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 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 Written notification of claimed copyright infringement must be submitted to the following designated address for this website: Office Addrress MODIFICATIONS TO TERMS OF USE
FANATIC, in its sole discretion, reserves the right to update, revise, supplement and to otherwise modify these Terms of Use, and to impose new or additional terms and conditions on your use of the Site from time to time. Such updates, revisions, supplements, modifications and additional rules, polices, terms and conditions (collectively referred to in these Terms of Use as "Additional Terms") will be effective immediately and incorporated into these Terms of Use upon notice thereof, which may be given by any reasonable means, including by posting to the Site. Your continued viewing or use of the Site following such notice will be deemed to conclusively indicate your acceptance of any and all such Additional Terms.
TERMINATION
You may terminate these Terms of Use at any time by discontinuing use of the Site. FANATIC also may terminate your use of this Site at any time, whether with or without prior notice, by cancelling your account or deny your access to the Site, if in FANATIC’s sole discretion you fail to comply with any term or provision of these Terms of Use.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a purchase order or these Terms of Use that is caused by events outside our reasonable control ("Force Majeure Event"). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: Strikes, lock-outs or other industrial action; Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; Impossibility of the use of public or private telecommunications networks; The acts, decrees, legislation, regulations or restrictions of any government. Our performance under any purchase order or these Terms of Use is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.
NOTICES
We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified herein. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
TRANSFER OF RIGHTS AND OBLIGATIONS
Each of these Terms of Use and the purchase orders accepted by us (each a “Contract”) constitute a contract binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
WAIVER
FANATIC’s failure to enforce strict performance of any provision of these Terms of Use will not constitute a waiver of FANATIC’s right to subsequently enforce such a provision or any other provision of these Terms of Use, nor will any delay or omission on the part of FANATIC to exercise or take advantage of any right or remedy that FANATIC has or may have hereunder, operate as a waiver of any right or remedy.
SEVERABILITY
In the event that any of the provisions of these Terms of Use shall be held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, the remaining portion hereof shall remain in full force and effect and such a provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed to the extent necessary to make such provisions valid and enforceable.


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