Our first collections will launch shortly. Please view these in our COMING SOON area.
These terms and conditions (the "Terms") apply to your use ofthe Ginza Fashion website (the "Site") including the sale of any of our bespoke printed artwork garments or any otherproducts sold through the Site (the "Products").
"Ginza Fashion" is a trading name of Ginza Fashion Art Inc. a company registered in the British Virgin Islands with company number 1711273 and its registered office at Sea Meadow House, Blackburne Highway, PO Box 116, Road Town, Tortola, British Virgin Islands. The Site is owned and operated by Ginza Fashion Art Inc. In these Terms references to "we", "us" and "our" are references to Ginza Fashion Art Inc. and references to "you" and "your" are references to you, the person using the Site.
By accessing and/or using the Site you agree to be legally bound by these Terms. When you register to use the Site and when yousubmit an order for Products on our Site you will also be required to agree to these Terms in relation to that order. You should read these Terms carefully and make sure that you understand and agree to them before using the Site and/or submitting an order for any Products from our Site. If you do not agree to these Terms, you should not use the Site and you will not be able to place an order for the purchase of Products.
We may revise these Terms from time to time, but any such revised Terms will only apply to any orders accepted after the date of such revision. Every time you order Products from us and such order is accepted, the Terms in force at the time you submit that order will apply to the contract between you and us for the purchase of the Products specified in such order. You should check these Terms from time to time and when you place any orders to make sure you understand the Terms that apply to you.
1.1 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail at firstname.lastname@example.org or by pre-paid post to our Dubai office at Sheik Zayed Road, Park Place Tower, Level 15, Box 31309, Dubai, United Arab Emirates . If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order. When we refer, in these Terms, to "in writing", this will include e-mail.
2.1 You will be able to access limited parts of the Site without registering, but in order to use some of the services offered through our Site, including reviewing the Artwork available and ordering Products, you will need to register on the Site. When you register you will be required to provide some limited information about yourself.You will not be able to browse some sections of the Site unless you register.
2.2 If you wish to purchase any Products from the Site you will be required to create an account with us. You will be required to provide more detailed information when you set up an account and you will be required to set up a password at that time. It is important that you keep this password secret and safe as you will be held liable for any transactions or other activity on your account as a result of a third party accessing your account using your password. If anyone else becomes aware of your password or you have any reason to believe the security of your account has been compromised in any way please notify us immediately and change your password by clicking on the relevant link on the Site.
2.3 You warrant that all information provided to us both when you register and when you create an account in order to purchase Products is true and accurate. It is your responsibility to ensure that your registration and account details are kept up to date.
3.1 The images of the Products displayed on our Site are made available for illustrative purposes only. Unless otherwise indicated on the Site, all our Products are made to order and so each such Product will be individual and may not be exactly as shown in the image displayed on the Site. By way of example but without limitation, although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the actual colours of the Products. Your Products may vary slightly from those images.
3.2 All Products shown on our Site are subject to availability. Although all our Products are made to order specific Artwork will only be available to print and purchase on garments for a limited time period and in some cases in limited numbers.We will make efforts to fulfil all orders for Products but we cannot guarantee that the Product you have ordered will always still be available after you have submitted an order. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order or take any payment from you in those circumstances.
3.3 We use reasonable efforts to ensure that Product availability as displayed on the Site is accurate but we cannot give any guarantee in this regard unless and until we send you an Order Acceptance Confirmation.
4.1 When you have selected the Artwork and garment style that you wish to purchase you will be given the opportunity to review your order before clicking to confirm the purchase. Please take the time to check your order at each page of the order process.
4.2 After you place an order for Products, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted or that a contract to supply the Product that you have ordered has been formed.
4.3 A contract for the sale and supply of the Product that you have ordered (a "Purchase Contract") will only be formed when we confirm our acceptance of that order. Your order is an offer to purchase the Products and our confirmation and acceptance of your order is an acceptance of that offer. We will confirm our acceptance of your order by sending you an e-mail that confirms that a Purchase Contract has been formed and that your products are being manufactured and the estimated time for dispatch ("Order Acceptance Confirmation").
4.4 If for any reason we are unable to supply you with the Product that you have ordered, we will inform you of this by e-mail and we will not process your order.
5.1 The applicable purchase price for each Product will be quoted to you on our Site as you navigate through the order process (the "Purchase Price") together with any applicable delivery charges. We take all reasonable care to ensure that the Purchase Prices stated on the Site are correct at the time when the relevant information was entered onto the Site. However if we discover an error in the Purchase Price of the Products before we accept any order for such Product, we reserve the right not to accept any such order. We will notify you in such circumstances and you will have the option to proceed at the correct purchase price if you wish to do so.
5.2 We may change Purchase Prices for our Products at any time without prior notice, but changes will not affect any order which we have accepted with an Order Acceptance Confirmation as described above.
5.3 The rate of VAT and other taxes (such as sales taxes and import or export duties) applicable to the Products varies from country to country. For all countries in the EU or which are identified in the Delivery Information section of the Site as Delivered Duty Paid or "DDP" countries the Purchase Price is inclusive of such sales taxes and import or export duties. For all countries listed as Delivery Duty Unpaid or "DDU" the Purchase Price does not include any VAT, sales taxes or export or import duties or similar charges that may apply to the purchase or delivery of your Products. Such additional taxes, duties and charges may be invoiced directly to you from our delivery service provider, currently TNT, or from an import broker appointed by you and you will be liable for all such taxes, duties and charges. We recommend you contact your local customs authority prior to placing your order for more information on any sales, import or export taxes that may apply to the purchase or delivery of your Products. For more information on which countries are served DDU please refer to the Delivery Information section of the Site. This will also be confirmed to you when you place your order.
5.4 The Purchase Price of a Product does not include delivery charges. Our delivery charges applicable for the delivery of Products to you are as quoted on the Delivery Information section of the Site and will be confirmed to you during the order process.Please note that delivery charges may change from time to time without notice.
5.5 Payments for the Products and any delivery charges must be made in advance at the time of submitting your order. By submitting your payment details and confirming an order you are confirming that the credit or debit card being used is yours or that you have been specifically authorised by the owner of the credit or debit card to use it. If the issuer of the credit or debit card used for payment refuses to authorize the payment for any reason we will not be held liable to you for any delay or non-delivery of your order.
5.6 All online payments will be handled by our third party payment processor, Skrill, and may be subject to their additional terms and privacy policies. We take reasonable care to ensure that details of your order and payment are kept secure. However, in the absence of negligence by us we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any payment information you provide when ordering products through the Site.
6.1 Once an order has been accepted by us and a Purchase Contract formed, we will endeavour to deliver your Product to the delivery address specified in your order within the estimated delivery period set out in the Order Acceptance Confirmation, unless there is an Event Outside Our Control as described in section 18 below.
6.2 Once your Product is ready for delivery, our delivery service provider, currently TNT, will contact you to arrange delivery of the Products. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date. Time for delivery of the Products is not of the essence.
6.3 Delivery will be completed when we deliver the Products to the address you gave us and, provided that you have paid for the Product in full. From the time of delivery, you will be responsible for taking care of the Products and liability for any damage to or loss of the Product occurring after delivery will be your responsibility.
6.4 You, or another adult on your behalf, may be required to sign for delivery of the Products at the delivery address.If we are not able to deliver the Products to you, either because there is no-one at the delivery address to accept delivery, [or for any other reason that is not within our reasonable control,] you will be liable for and agree to pay for the costs of delivery and for any other costs that we incur in storing the Products and, where applicable, arranging for re-delivery of the Products to you.
6.5 You must take reasonable care of all Products whilst they are in your possession, even if they are already defective or damaged in some way.
7.1 On receipt of delivery of your Product, you must inspect the Product to ensure that it is not damaged, defective or otherwise not in accordance with the description of such Product on our Site at the time you submitted your order. If you discover any such damage, defect or non-conformity and you wish to return the Product you must notify us in writing as soon as possible and in any event within 7 days. If we do not receive any such notice within 7 days we shall be entitled to assume that the Product is not damaged or defective in any way and conforms to its description. Provided you return any such defective, damaged or non-conforming products to us without delay in accordance with section 7.4 below, you will be entitled to a refund or a replacement Product.
7.2 If you have received a Product and you wish to change the size we will permit an exchange for the same Product in a different size, provided you notify us and return the product to us within 7 days of accepting delivery of the Product. We will endeavour to provide you with the replacement Product in the requested size as soon as possible but we cannot make any guarantees as to the availability of such replacement Products because our Products are specially produced and customised to your order and are only available for a limited time period. If we are unable to fulfil your request for a replacement size for any reason then we will notify you by email and we will give you a full refund excluding delivery costs.
7.3 Except as set out above in this clause 7 you do not have a right to cancel a Purchase Contract after we have accepted your order by sending you an Order Acceptance Confirmation. All our Products are offered for sale through the Site are customised to your particular specifications so we are unable to accept cancellations unless there is a problem with the Product. You may cancel an order at any time prior to receipt of our Order Acceptance Confirmation by confirming to us in writing at email@example.com that you wish to cancel your order.
7.4 Any garments to be returned, whether faulty or otherwise, must be returned in their original packaging with all labels and tags still attached to the Product. If this is not the case we will not be able to exchange the Product. All Products must be returned to us at Kenilworth House, 3rd Floor West, 79-80 Margaret Street, London W1W 8TA. It is your responsibility to pay for the cost of returning the Products and we recommended that you obtain insurance to cover the value of the Products being returned. If any Products are lost or damaged in transit whilst they are being returned to us we reserve the right not to provide a refund or exchange for the relevant Products.
7.5 Nothing in this clause 7 affects any statutory rights applicable to you in the country to which the Products are shipped and which cannot be excluded by applicable law.
8.1 Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend, or restrict access to our Site at any time and without notice. We will not be liable if for any reason our Site is unavailable at any time or for any period.
8.2 You hereby agree to access and use the Site in accordance with these Terms.
8.3 You may not use the Site in any improper or unlawful manner or in breach of any legislation or licence that applies to you. Without limiting the foregoing, you agree that when using the Site you will not use the Site for any commercial purposes and you shall not, without our express written approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services.
8.4 You agree to comply with all reasonable instructions that we may give you from time to time regarding your use of the Site.
8.5 You are responsible for obtaining (at your own cost) all necessary equipment and telecommunications services required to access and use the Site. You are responsible for ensuring that no one uses your equipment to access the Site without your permission. We will be entitled to assume that anyone who accesses the Site using your equipment has your permission to do so and you will be liable for any charges, costs, liabilities or damages that may be incurred by any such person when using the Site.
9.1 You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
9.2 By breaching this provision, you may commit a criminal offence under the Computer Misuse Act 1990 or other applicable laws. We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
9.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
10.1 In these Terms:
(a) "Intellectual Property Rights" means patents, registered and unregistered trade marks and service marks, domain names, registered designs and design rights, copyright (including such rights in computer software and databases), database rights, moral rights, any rights of privacy or confidentiality (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings and computer programs.
(b) "User Generated Content" means any information, text, image, photo, audio, video, works of authorship or other materials which are uploaded, posted, published, displayed, transmitted, shared or otherwise made available by you on the Site including without limitation photos that you provide to us as part of our ‘Me and My Ginza’ feature.
10.2 From time to time the Site may include functionality to enable you to contribute User Generated Content whether by sending us User Generated Content forus to upload on the Site such as with our ‘Me and My Ginza’ feature or otherwise. However you must not submit or upload any User Generated Content:
(a) that is confidential, defamatory, offensive, pornographic, obscene, indecent or otherwise unlawful or objectionable;
(b) the Intellectual Property Rights in which are owned by any third party without their permission to do so;
(c) containing images or photos of individuals who have not given their permission for you to do so; and
(d) which is prohibited by the Data Protection Act 1998 or any other applicable data protection or privacy legislation,
and you warrant that all User Generated Content you submit complies with these requirements.
10.3 Subject to clause 10.4 below, we do not claim any ownership of any Intellectual Property Rights in any User Generated Content. After any User Generated Content is posted on the Site, you will retain all rights of ownership which you have subsisting in it and you may use the User Generated Content in any way you choose (provided it does not breach any of these Terms).
10.4 By submitting or uploading any User Generated Content to the Site you:
(a) automatically grant us the irrevocable and indefinite right to, communicate to the public, reproduce, make copies of, store, display, modify, distribute, exploit, and use such User Generated Content in any way whatsoever anywhere in the world including displaying on the Site or using such User Generated Content or any part or modified version thereof in any marketing or advertising anywhere in the world or on any social media platform such as Facebook, Twitter or any other similar platform; and
(b) are confirming that to the fullest extent permitted by law you are waiving any moral rights you may have in such User Generated Content or that you have procured the original author has done the same (including without limitation the right to be identified as the author of a work, the right to object to derogatory treatment of a work, any rights of attribution or any rights to privacy in photographs or films).
10.5 We will not be under any obligation to pay you for any of the User Generated Content you submit to us or the Site irrespective of any use we make of such User Generated Content provided such use is in accordance with these Terms. If you submit photos of yourself or others wearing our Products to us as part of our ‘Me and My Ginza’ feature you may be entitled to a discount on future purchases of Products and this will be as advertised on our Site from time to time. However, we cannot guarantee that we will always post your photos or other User Generated Content you submit to us on the Site or that discounts will always be available. Further terms and conditions may apply in relation to any discounts or special offers that we provide as part of our ‘Me and My Ginza’ feature and these will be made available on the Site at the time of such promotions.
10.6 You agree that you shall indemnify us against any loss, liability, claim, damage or expense incurred by us arising out of any breach by you of this clause 10.
11.1 The User Generated Content on the Site is submitted to us by users and we cannot take responsibility for such User Generated Content. To the fullest extent permitted by applicable law we hereby exclude all liability that may arise as a result of the publication of User Generated Content on the Site. Without prejudice to the foregoing, by publishing User Generated Content to the Site we are not making any representation that such User Generated Content complies with the conditions of these Terms nor will the same be a waiver of any rights or remedies that we may have against you if such User Generated Content is later found to be in breach of these Terms.
11.2 If we are informed or if we suspect that any User Generated Content on the Site infringes the Intellectual Property Rights or other rights of a third party, is unlawful, or is otherwise in breach of these Terms in our absolute discretion then we have the right to immediately remove such material from the Site without notice to you.
11.3 If you have any concerns or queries about any User Generated Content which appears on our Siteplease email us firstname.lastname@example.org.
12.1 "Ginza" and the Ginza logo are trading names and trade marks of Ginza Fashion Art Inc. and we reserve all of our rights in the Ginza name and logo.
12.2 All Intellectual Property Rights in and to the Site and all content and materials contained in the Site, including without limitation any text, photographs, artistic works, images, pictures, graphics, or any other content of any kind whether descriptive or artistic in nature (the "Site Content") and the artwork that is printed on Products sold or made available through the Site (the "Artwork") are owned by and shall remain owned by us or our licensors, as applicable. You may access and view the Site Content and the Artworksubject to the following conditions:
(a) the Site Content or the Artwork shall not be reproduced or included in any other work or publication in any medium;
(b) the Site Content or the Artwork may not be modified, copied, altered, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted or sold in any form or by any means, in whole or in part; and
(c) you may not remove any copyright or other proprietary notices contained in any Site Content or the Artwork.
12.3 Any other use of the Site Content or the Artwork and any copying, reproduction, modification, distribution, sale or any other use of any Site Content or the Artwork for any purpose shall be an infringement of our, or our licensor’sIntellectual Property Rights.
12.4 If you print off, copy or download any part of our Site in breach of these Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
13.1 Except as expressly stated in these Terms, we do not give and hereby exclude any representations, guarantees, conditions, warranties or undertakings in relation to the Products. Any representation, guarantee, undertaking, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is hereby excluded to the fullest extent permitted by law. This does not affect any mandatory rules of law that may apply to you in your country of residence that cannot be excluded by law. By way of example under English law any Products you purchase from us must be of satisfactory quality and fit for purpose by virtue of the Sale of Goods Act 1987 and you are entitled to certain remedies for defective Products under the Consumer Protection Act 1987.
13.2 Except as expressly provided in these Terms, the Site and Site Content are provided on an "as is" basis without representation or warranty of any kind, either express or implied (whether by common law, custom, statute or otherwise). We do not warrant or make any representations that the Site or the Site Content will meet your requirements nor that your use of the Site or the Site Content will not infringe the rights of any third party nor do we make any warranty or representations regarding the use or the results of the use of any Site Content in terms of their completeness, accuracy, currency, reliability, or otherwise. Therefore, we advise you to check any Site Content as any reliance that you place on the accuracy, completeness, currency or reliability of that information is at your own risk.
13.3 We do not warrant that the Site, the Site Content and any function of the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components. We will not be held responsible for the security of the Site or for any disruption of the Site however caused, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.
13.4 While we endeavour to ensure that the information on the Site is correct, we do not warrant the accuracy, completeness, currency or reliability of the Site or any Site Content. Any commentary and information on the Site is not intended to amount to advice and you should not rely on it without seeking independent advice for your circumstances.
13.5 We may make changes to the Site, or to any services, products, prices or fees described in it, at any time without notice. The Site and/or the Site Content may be out of date, and we make no commitment to update such material.
14.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
14.2 Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice.
14.3 If you wish to make any use of material on our Site other than that set out above, please address your request to email@example.com.
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. You should refer to the terms and conditions of those sites to clarify the basis on which that content is made available to you.
17.1 Subject to clause 17.3, to the fullest extent permitted by applicable law we hereby exclude and will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms or a Purchase Contract for: (a) any loss of profits, sales, business, or revenue; (b) loss or corruption of data, information or software; (c) loss of business opportunity; (d) loss of anticipated savings; (e) loss of goodwill; or (f) any indirect or consequential loss.
17.2 Subject to clause 17.3 and without prejudice to clause 17.1our total liability to you in respect of all other losses arising under or in connection with a Purchase Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Purchase Price of the Product paid by you to us in accordance with these Terms.
17.3 Nothing in these Terms shall be construed as an attempt to exclude or limit our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); (d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); (e) defective Products under the Consumer Protection Act 1987; and (f) any other liability that cannot be excluded or limited by applicable law.
18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms or a Purchase Contract that is caused by an Event Outside Our Control.An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, 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, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
18.2 If an Event Outside Our Control takes place that affects the performance of our obligations under a Purchase Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Purchase Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
19.1 We reserve the right to make changes to these Terms at any time. Your use of the Site will be subject to the latest Terms that have been published and made available on our Site.
19.2 If we make any material changes to our Terms that may be to your detriment we will notify you and provide you with a reasonable amount of notice before such amended terms come into effect.
19.3 Each time you submit an order for Products on the Site you will be required to accept the latest Terms before confirming your order. If we change our Terms at any time after you have completed an order, that particular order will still be subject to the old terms as they were at the time you confirmed your order.
20.1 We may transfer our rights and obligations under these Terms or any Purchase Contract to another organisation, but this will not affect your rights or our obligations under these Terms or any relevant Purchase Content.
20.2 You may only transfer your rights or your obligations under these Terms or a Purchase Contract to another person if we agree in writing.
20.3 These Terms and each Purchase Contract are between you and us. No other person shall have any rights to enforce any of their terms.
20.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
20.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
21.1 These Terms, each Purchase Contract and any dispute or claim arising out of or in connection with them shall be governed and construed in accordance with the laws of England & Wales except that to the extent that any mandatory rules of law from your country of residence that cannot be excluded apply to your use of the Site, your purchase of Products or any such claim or dispute, such mandatory laws shall not be excluded as a result of this clause.
21.2 To the fullest extent permitted by applicable law the English courts will have exclusive jurisdiction over any claim or dispute arising out of or in connection with these Terms, any Purchase Contract or your use of the Site except that we reserve the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country.
Our first collections will launch shortly. Please view these in our COMING SOON area.