1. About Us
PhoebeRain is an online fashion shopping platform.
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.
3. License to use website
Unless otherwise stated, PhoebeRain and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages or OTHER CONTENT from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce,duplicate, copy or otherwise exploit material on this website for a commercial purpose;
• edit or otherwise modify any material on the website;
• redistribute material from this website [except for content specifically and expressly made available for redistribution.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without PhoebeRain’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without PhoebeRain’s express written consent.
4. User Content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to PhoebeRain a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to PhoebeRain the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or PhoebeRain or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.
6. Intellectual Property Infringement Policy
Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.
We own and retain all proprietary rights to the Site, the Content, and all associated Intellectual Property rights. You are permitted to use the Site only as authorized by us. As a User, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Site and Services to create, display, use, play, and download Content subject to these Terms.
Our Intellectual Property must not be used in connection with a product or service that is not affiliated with us or in any way brings us in disrepute. You must not modify the physical or digital copies of any Content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text.
7. Limitation of Liability and Warranty
Except as otherwise provided in the standard terms of sale that govern the same of each product on this site, this site, the products offered for sale on it and the transactions conducted through it are provided by PhoebeRain on an “as is” basis. PhoebeRain makes no presentations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site except as provided here to the full extent permissible by applicable law, PhoebeRain disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, noninfringement, title, quiet enjoyment, data accuracy, and system integration. This site may include inaccuracies, mistakes or typographical errors. PhoebeRain does not warrant that the content will be uniterrupted or error free. To the maximum extent permitted by law, PhoebeRain will not 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. To the maximum extent permitted by applicable law, PhoebeRain’s total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount of fees actually paid by you to PhoebeRain during the month immediately preceding the act allegedly giving rise to PhoebeRain’s liability.
8. Order Acceptance
Please note that there may be certain orders that we are unable to accept and must cancel. PhoebeRain reserves the right, at sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled 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. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.
Both parties agree that, following order dispatch, transportation is the sole responsibility of the third-party logistics company. During this stage, full ownership of the product(s) belongs to the buyer; all associated liability and risks during transportation shall be borne by the buyer.
9. Transfer of Title
Title to the products in your order will be transferred to you when the products leave our warehouse and are delivered to the carrier for shipment to an address designated by you in the order. All liabilities and risks to the products will also be transferred to you at that time. By placing an order on this Site, you authorize PhoebeRain to engage third party shipping services on your behalf.
10. Typographical Errors
While PhoebeRain strives to provide accurate product and pricing information, pricing or typographical errors may occur. PhoebeRain cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, PhoebeRain shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mis-priced, PhoebeRain may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
You hereby indemnify PhoebeRain and undertake to keep PhoebeRain indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by PhoebeRain to a third party in settlement of a claim or dispute on the advice of PhoebeRain's legal advisers) incurred or suffered by PhoebeRain arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
12. Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate your access to the Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records.
14. Notice of Changes