Article 1 – Definitions
In these General Terms and Conditions, the following terms are defined:
Seller: Fashion and Go (https://fashionandgo.com) is owned and operated by ABA GLOBAL RETAIL TRADE LLC, so Seller is ABA GLOBAL RETAIL TRADE LLC.
Consumer: The natural person who does not act in exercise of a profession or business and remotely concludes a "Remote agreement" with ABA GLOBAL RETAIL TRADE LLC;
Day: A calendar day;
The right of withdrawal: The possibility a Consumer has to cancel the remote agreement within the reconsideration period;
Reconsideration period: The period within which the Consumer can make use of his right of withdrawal;
Remote agreement: An agreement whereby, within the context of a sales system for the remote sale of items organized by ABA GLOBAL RETAIL TRADE LLC, up to the conclusion of the Agreement, exclusive use is made of one or more techniques for remote communication. In these Terms and Conditions, "Remote agreement" is referred to as "Agreement";
Technology for remote communication: Resources that can be used for the conclusion of an Agreement, without the Consumer and the entrepreneur coming together in the same room simultaneously.
Article 2 – The Seller’s Identity
Name of company: ABA GLOBAL RETAIL TRADE LLC
The company is also referred to in these Terms and Conditions as "Seller”
ABA Global Retail Trade LLC
8035 Gardner Dr.
Alpharetta GA 30009 / USA
Tel: (470) 377-2528
Article 3 – Applicability
These General Terms and Conditions are included in all offers made by and apply to every Remote Agreement concluded between Seller and Consumer. Seller hereby explicitly rejects all other terms and agreements of the other party. All other agreements must be confirmed in writing by Seller.
Seller retains the right to change amend these Terms and Conditions unilaterally. The most recent version of these Terms and Conditions shall always be available through the homepage of the website.
Article 4 – The Offer
The items offered at the website form an offer made to the Consumer on the basis of information provided at the website. If an offer has a limited term or is made subject to conditions, this will be stated explicitly in the offer.
The offer contains a full and accurate description of the offered items. The description is suitably detailed to enable the Consumer to assess the offer adequately. If Seller makes use of visual material, these are faithful representations of the items offered. The seller cannot, however, guarantee that the color(s) of the items as shown at the website agree exactly with the actual color(s) of the items. How color is represented depends on the settings of the user’s computer. Obvious errors or mistakes in the offer are not binding to Seller.
All offers contain such information such that it is clear to the Consumer what rights and duties are attached to accepting the offer. This involves in particular:
the price, including taxes;
shipping costs, if applicable;
the way in which the Agreement will be concluded, and what actions are needed to establish this;
whether or not the right of withdrawal is applicable;
the form of payment, delivery or performance of the Agreement;
the time frame for accepting the offer, or, as the case may be, the time frame within which Seller honors the price;
if the Agreement is filed after conclusion, how the Consumer can consult it;
the manner in which the Consumer may acquaint him/herself with undesired actions before concluding the contract, and the way the Consumer may correct these actions before the Agreement is concluded.
Article 5 – The Agreement
Subject to the provision in paragraph 4 of this article, the Agreement becomes valid when the Consumer has accepted the offer and fulfilled the conditions stated.
If the Consumer has accepted the offer electronically, Seller shall immediately send an electronic confirmation of receipt of the acceptance of the offer. As long as this acceptance has not been confirmed, the Consumer shall be able to repudiate the Agreement.
If the Agreement has been concluded electronically, Seller shall implement suitable technical and organizational measures to secure the electronic transfer of data. Seller shall be authorized – within the statutory framework – to gather information about the Consumer’s ability to fulfill his/her payment obligations, as well as all facts and factors relevant to concluding the Agreement. If acting on the results of this investigation, Seller has good reason not to conclude the Agreement, it shall be entitled to refuse an order or application while stating reasons, or to attach special terms to its performance.
Article 6 – Right of Withdrawal
When purchasing items, the Consumer has the option of repudiating the Agreement without specifying any reasons for a period of 14 days after the delivery of the item to the Consumer. This period starts on the day the items are received by, or on behalf of, the Consumer, this date being recorded by the delivery service.
During this period, the Consumer shall handle the items and packaging with care and shall only unpack or use the items to the extent necessary to judge whether he/she wishes to keep the product. If wishing to exercise the right of withdrawal, the Consumer shall return the items, provided with the original labels still attached and with all delivered accessories and in the original condition and packaging to Seller in conformity with Seller’s instructions stated at Return and Refund Policy the website.
Article 7 – Refund and Costs in Case of Withdrawal
Should the Consumer exercise the right of withdrawal, Seller shall charge him/her part of the costs for return shipment. The Consumer shall contribute to the costs for return shipment.
If the Consumer has already paid the purchase price for the item, Seller shall return this amount as soon as possible, but within not more than 30 days after the return or withdrawal.
Detailed information is stated at Return and Refund Policy the website.
Article 8 – Exclusion of the right of withdrawal
The seller can exclude the Consumer’s right of withdrawal only if Seller indicates this clearly in the offer or at least in good time before concluding the Agreement.
Exclusion of the right of withdrawal is only possible for items:
that was realized by Seller according to the Consumer’s specifications;
that is obviously personal in nature;
that cannot be returned due to their nature (for hygienic reasons, for example).
Article 9 – The Price
Subject to changes in price due to changes in tax rates, the prices of the items provided by Seller shall not be raised during the validity period stated in the offer.
The final prices indicated in the offer include tax.
Article 10 – Conformity and Guarantee
Seller guarantees that the items comply with the Agreement, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations that applied on the day the Agreement was concluded.
Seller does not accept liability, however, for defects which have arisen after delivery of the items as a result of incompetent use or negligence, or which have arisen from changes to the delivered item introduced by the Consumer or a third party. Neither does Seller accept liability for any damage caused by these failings?
Article 11 – Delivery and Execution
Seller shall exercise the best possible care when receiving and processing orders for the items.
The place of delivery is at the address given by the Consumer to Seller.
With due observation of the stipulations in Article 4 of these Terms and Conditions, Seller shall make every effort to execute accepted orders within at least 15 business days unless a longer delivery period was specified. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer should be informed of this within 15 business days after he/she placed the order. In such cases, the Consumer is entitled to repudiate the Agreement, for the part of it that cannot be executed, free of charge.
In the event of repudiation under the preceding paragraph, Seller shall return the payment made by the Consumer as soon as possible but at least within 30 days after repudiation.
If delivering an ordered item turns out to be impossible, Seller’s sole obligation shall be to deduct the costs of the item in question from the total costs or to refund these costs.
Unless explicitly agreed otherwise, the risk of loss of and/or damage to items shall remain with Seller until the time they are delivered to the Consumer.
Article 12 – Payment
The Consumer should make payment to Seller according to the methods indicated in the ordering procedure at the website.
Seller retains the right to accept only certain types of payment or to deny a transaction if an address or creditworthiness checks reveal unacceptable results.
Any amounts still owed by the Consumer after the delivery of the items should be paid by the Consumer within 14 days after the start of the reconsideration period as referred to in Article 6, paragraph 1.
The Consumer has the duty to inform Seller promptly of possible inaccuracies in the payment details.
In case of nonpayment on the part of the Consumer (resulting, for example, from reversal or other payment problems), and subject to legal restrictions, Seller is entitled to charge the Consumer reasonable administration costs.
Article 13 – Concluding Provisions
The Agreement shall be governed by Georgia State law. All disputes arising from the Agreement can be submitted solely to the competent court in Alpharetta / Georgia.
Individual deviations, including additions and extensions made to these General Terms and Conditions, are to be laid down in writing between Seller and the Consumer.
The right to make use of special offers and promotional codes shall apply exclusively to one special offer or promotional activity, per person, per order. Vouchers and gift certificates cannot be purchased at a discount. Using multiple special offers and promotional codes in combination is not permitted.