Terms & Conditions
Last Updated May 1, 2024
1. Introduction:
Welcome to DatewearFashion.com. DatewearFashion is brought to you by Datewear, Inc a New Jersey corporation located at 4345 US Highway 9 North, Room 1009, Suite 7, in Freehold, NJ 07728. DatewearFashion is an online fashion company dedicated to helping single men and women find the perfect outfits for their upcoming dates. We bring fashion and dating together. We offer our customers an amazing collection of curated clothing and accessories from top
retailers around the world. Our products are designed to turn heads and offer an exciting dating experience. Our slogan "Dress Well. Date Confident" is about selecting the perfect outfit that makes you feel comfortable, confident, empowered and successful.
2. Understanding These Terms and Conditions:
These terms and conditions set out the legal terms that apply to your use of our website http://www.DatewearFashion.com. DatewearFashion.com is also referred to as Datewear, The Company, The Website, or The Service. Please read these Terms and Conditions carefully and make sure that you understand them
before using the Website. Please note that by using the Website, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you will not be able to use our Services and you should leave the Website immediately. If you continue to use the Website, we will take this as your acceptance of these Terms and Conditions.
3. Buying Products From Datewear’s Retailers
Datewear is an online intermediary with some of the world's top retailers to give you a wide array of fashion items to buy.
A. For Customers: All products on DatewearFashion are currently sold by third-party retailers. Our stylists have selected top retailers from around the world and we offer an amazing collection of products. All retailers are listed so you know who the product is being Sold By. When you click on a product’s Buy Now link you are automatically directed to the product page on that retailer’s website to check current pricing and availability. The Retailer is solely responsible for any and all issues related to the products and services offered on their websites, including but not limited to issues arising from the processing of your transaction, shipping and delivery of your order and return of the product if you are not satisfied.
These third-party Retailers are solely responsible for the use of your personal data, shipping details and payment details and you should review their privacy policies before completing a transaction to purchase their products.
Please note that Datewear has no responsibility for the fulfilment of your order. You should contact the Retailer from whom you have purchased the item with respect to any inquiries that you have on the shipping, delivery, refund, exchange or return policy of the items you purchased.
We request that all third-party Retailers have and maintain reasonable business policies which comply with our own business policies. We cannot, however, be responsible for a Retailer’s business policies. If you are unhappy with the product or service you have received from a Retailer, you should contact the Retailer to try and resolve the issue. If you are not satisfied with the Retailer, we will advocate for you and liaise with the relevant Retailer to try and resolve the disputed issue. Please email us at dispute@datewearfashion.com.
B. For Retailers: We have shared a few of your products with our target market of millions of single people. Our Fashion Stylists thought that these products would be of interest to our target market who are always asking “What Should I Wear” on an upcoming date.
It is our goal to bring more single people to your website to purchase your products. All products clearly state Sold By: Your Company Name. Our Basic Plan offers our service completely FREE to retailers. When a customer clicks on one of your products on DatewearFashion.com they are automatically directed to the product page on your company website to check pricing and availability and hopefully to purchase this item. We receive no compensation for these transactions.
In the event that you would like us to remove your products from DatewearFashion.com, please email us at retailer@datewearfashion.com. Provide your store name and just enter “Remove” and we will remove all of your products immediately. If you would like to substitute our selections with your own, please let us know and we will be happy to discuss making these changes.
If you would like to upgrade to our Premium Plan, please see our Retailer Plans under the retailer link.
4. Third Party Retailer’s Products and Services on the Website
Where the Website contains links to other websites, and resources provided by third parties, these links are provided for your information only. We have no control over the content on those websites or resources and such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
5. Our liability in relation to the Website DatewearFashion.com.
We may update or change the Website or its contents at any time but we are under no obligation to do so. Please note that this means any of the content on the Website may be out- of-date at any given time. The content on the Website is provided for general information only.
It is not intended to amount to advice on which you should rely. We make no representations, warranties or guarantees, whether express or implied, that the Website, or any content on it, is accurate, complete, up-to-date or will be free from errors or omissions. To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website, or any content on it, whether express or implied. We make no guarantee that any or all features of the Website, Services or Retailer’s Third-Party Products and Services will work on any particular device.
6. Termination
We reserve the unconditional right to terminate our relationship with any third-party retailers at any time immediately without notice for any reason, including (without limitation) in circumstances where we reasonably suspect that you have not complied with our Terms and Conditions of Service. On termination of these Terms (for whatever reason) all rights granted to you in relation to the Services shall immediately come to an end. We expressly exclude all relevant conditions, warranties of any kind (either express or implied) and other terms which might otherwise be implied by statute, common law or the law of equity in relation to any liability that you may claim we owe to you in respect of such termination
7. Accessing The Service
Access to the Service is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service without notice. We will not be liable if for any reason the Service is unavailable at any time or for any period. We reserve the right to modify, restrict access or terminate access to the Service at any time.
From time to time, we may restrict access to some or all parts of our Services. You are responsible for making all arrangements necessary for you to have access to the Service.
8. Content On The Service
Datewear does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service. You understand that by using the Service, you may be exposed to Content that might be offensive, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Datewear be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere.
9. Indemnity
To the fullest extent permitted by law, you are responsible for your use of the Service and Products, and you will defend and indemnify Company and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the
Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification
obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
10. Disclaimers
1. Datewear is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service.
2. Datewear is not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure.
3. Datewear is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service.
4. Under no circumstances will Datewear be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or the Service, or any Content posted on the Website or transmitted to customers or retailers.
5. THIS SITE IS FOR INFORMATIONAL PURPOSES ONLY. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, DATEWEAR PROVIDES THE WEBSITE AND SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE WEBSITE (INCLUDING ALL CONTENT CONTAINED THEREIN) INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY, OR NON-INFRINGEMENT. DATEWEAR
DOES NOT WARRANT THAT THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR- FREE, SECURE, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. 6. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE OR WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE OR WEBSITE.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DATEWEAR BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT
LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF DATEWEAR KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL DATEWEAR'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICE OR THE WEBSITE, EXCEED THE PRICE PAID
BY YOU FOR YOUR MEMBERSHIP, OR, IF YOU HAVE NOT PAID DATEWEAR FOR THE USE OF ANY SERVICE, THE AMOUNT OF US$25.00 OR ITS EQUIVALENT.
12. Arbitration
You and Datewear agree that any disputes arising out of or related to the Website, the Service, this Agreement and/or any policies or practices of Datewear (a “Dispute”) will be subject to FINAL AND BINDING ARBITRATION administered by the American Arbitration Association. Datewear is always interested in attempting to resolve any Disputes by amicable and informal means, and we encourage you to contact us at info@DatewearFashion.com before resorting to
arbitration. YOU AND Datewear AGREE THAT WE ARE EACH GIVING UP OUR RIGHT TO GO TO COURT in connection with any Dispute, and that our rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY.
YOU AND Datewear ACKNOWLEDGE THAT NEITHER OF US WILL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE WITH THE OTHER PARTY. Further, neither you nor Datewear agrees to class arbitration or any arbitration where a person brings a dispute as a representative of other person(s). Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be brought in any court of competent jurisdiction.
In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Datewear (except for small-claims court actions) may be commenced only in the federal or state courts located in Monmouth County, New Jersey. You hereby irrevocably consent to the jurisdiction of those courts for such purposes. Regardless of any statute or law to the contrary, and to the maximum extent permitted by applicable law, any Dispute must be filed within one (1) year after the date in which the incident giving rise to the Dispute occurred. Failure to file an arbitration claim as described above within the applicable limitations period constitutes a waiver of such claim and serves as complete bar to any claim based on any Dispute.
This Agreement, and any Dispute between you and Datewear, shall be governed by the laws of the state of New Jersey without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
13. Waiver And Severability
The failure of Datewear to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
14. Entire Agreement
This Agreement, with the Privacy Policy, contains the entire agreement between you and Datewear regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
15. Contact Information
If you have any questions about these Terms, please contact us by email at
info@DatewearFashion.com.
16. Revision Date
This Agreement was last revised on May 1, 2024.