FASHIONBARNSHOP PRIVACY POLICY (“Privacy Policy”)

LAST UPDATED: December 2022

1. ABOUT THE FARFETCH GROUP AND THIS PRIVACY POLICY

We are the Fashionbarnshop (“we”, “us”, “our”), and are committed to protecting your privacy. Fashionbarnshop is the controller for the purposes of the General Data Protection Regulation a company registered in 212W 35^th Street New York, NY 10001. USA. This Privacy Policy provides information on how we collect and use personal data. Fashionbarnshop operates fashionbarnshop.com, various international websites and the Fashionbarnshop.com iOS and Android mobile applications (collectively, the "website"). This Privacy Policy sets out the information that we collect, the reasons for which we collect the information, and how we can use and share the information.

The Website and services provided by Fashionbarn are not intended to be used by children. If you have any questions about this Privacy Policy, you can contact the Fashionbarnshop Data Protection Officer at info@fashionbarnshop.com

If you have any requests to exercise your legal rights, please check section 10 (“What are my privacy rights?”) below.

2. THIRD PARTY WEBSITES

Our website can contain links to and from the websites of our partner boutiques, retailers and brands (collectively our “Partners”), advertisers, and affiliates, amongst others. If you follow a link to any of these websites, please note that this Privacy Policy does not apply to those websites. We are not responsible or liable for the privacy policies or practices of those websites, so please check their policies before you submit any personal data to those websites.

3. WHAT INFORMATION DO WE COLLECT, AND HOW?

When you interact with us, whether by using our website or communicating with us, we may collect the following information about you:

• Information you give us:you may give us information about yourself if you sign up for an account on our website, place an order for products, complete any online forms (such as registration forms, competitions, surveys or by reviewing the products you’ve ordered), opt in to receive our newsletters and special offers, enter a competition or promotion, participate in social media functions or our Beauty Community on our website, or correspond with us (by email, telephone, instant messaging apps, social media or otherwise).

Depending on what you provide, this information can include your name, address or location, phone number, email address, date of birth, gender, purchase information, shopping preferences, reviews, images and financial information (including your credit or debit card details, although we do not hold them, our payment processors do).

If you register an account on the website or on the Fashionbarnshop Beauty Community, then you may choose to give us your photograph and nickname. From your Fashionbarnshop account, you can also invite your friends to shop at our website (including by email, Facebook, or Twitter). Even though we let them know that we’ve received their details from you, please ensure that you have your friend’s permission before sharing their contact details with us and only forward emails to people you know would be happy to receive them.

• Information we receive from other accounts or sources:we can receive information about you from other sources, such as from your other accounts (like when you use your Apple ID or Google Sign In to sign in on our website) or other websites, including data brokers, our Partners, social media providers like Facebook and Twitter, advertising networks and analytics partners, and payment and delivery service providers.

By logging into our mobile applications via Apple, Google, Facebook or Twitter, or linking your Fashionbarnshop account on our website to your Apple, Google, Facebook or Twitter accounts, you are giving us permission to obtain certain information and content from these accounts. The specific types of information that we may obtain depends on your settings for that account or website, and will be subject to their privacy policies. We supplement the data you provide us with data from data appending services such as public or social graph data in order to better serve you with content or promotions. We will append this data to our existing customer account information to better understand customers’ interests and to provide more relevant product recommendations and advertising, to increase our customer’s security when using our website and to comply with our legal obligations, such as sanctions laws. This information may include household size, household income, or profession. This information can be associated with your personal information such as name, email, address, physical address or phone number.

You can see more details about the third parties we use in section 5.

• Information our IT systems collect about you:each time you visit the website, certain information will be created and automatically recorded by our IT systems. That information includes:

Cookies: you can see more details about cookies in section 7, but these small text files can help improve your experience with the Website and make it easier to interact with us. This may include storing your location or language preferences to save you having to re-enter information when returning to, or ensuring that items you wish to order don’t disappear as you navigate between pages on our website. We also use cookies to provide you with tailored advertising.

Device information: the information provided by your device will differ depending on your operating system and device settings (eg. PC, Mac, iPhone, Android, or otherwise), but includes the type of device you have (eg. iPhone 6S or Samsung Galaxy S7), the device’s IP address and location, the browser you're using, your mobile network provider (for mobile devices), the pages you have visited, your time zone and country location, and crash or download error reports.

• Information we collect in store:the Fashionbarnshop is always looking for new opportunities to improve your shopping experience and this extends to your experiences in-store. When you visit the Browns Stores, you may have the opportunity to use pioneering technology to enhance your in-store experience. You may also give us information about yourself in-store if you make a purchase using a credit or debit card, complete a survey or questionnaire, enter a competition or promotion, provide us with feedback or otherwise interact or correspond with us in-store or after your visit. Where you use a WiFi-enabled device in-store, certain information may be provided by your device, which will differ depending on your device and settings. The information that may be provided is the type of device you have, the device identifier/media access control (MAC) address, the proximity of the device from the access point, location of the device, and where relevant, when and for how long the device is connected to the Wi-Fi network. You can prevent information being provided by turning off the Wi-Fi feature on your device. We might also register your interactions with the products, in order to enhance your in-store experience by providing you a more personalized service during your visit and after.

4. WHAT DO YOU USE MY INFORMATION FOR?

To provide you with our services, including to allow you to order and receive products using our website, administer your Fashionbarnshop account and to optimize your experience, we need to use your information in a number of different ways.

We also use the information for marketing and advertising purposes. Where you have told us you would like to receive marketing communications or when you have made a purchase using our services, we and our partners will use your personal information (including your name, email address and address) to occasionally send you updates, news, and offers via email, post, or other forms of media. We may use your information (including supplemental information received from partners that we append to our existing customer information as described below), to tailor these messages to you. You may unsubscribe from our email marketing communications by modifying your preferences in your account’s profile management section, or by following the opt-out instructions in the promotional emails that are sent to you.

You may unsubscribe from our email marketing communications by modifying your preferences in your Fashionbarnshop account’s profile management section, by following the opt-out instructions in the promotional emails that are sent to you or, by completing this Unsubscribe Form Should your country be covered by such services, we may use your information to provide you with shopping recommendations and personal styling-related services, therefore, you'll have access to an improved and more interactive shopping experience. Such services will be provided along with third-party providers, which will be acting as processors.

We use third-party service providers to serve advertisements most relevant to you across your different devices and on our own and others’ websites and mobile applications. In addition to the information about your visits to our website or usage of our mobile application, our service providers may also use the information about your interactions with other websites or applications to target advertisements for products available from Fashionbarnshop or from our partners. For information about opting out of targeted advertising and controlling the use of cookies, please see the cookies section of this Privacy Policy.

We also carry out research, analysis, and surveys on your use of our website, and views. We keep tracking of your spend on our website to see if you can benefit from our exclusive loyalty programs, VIP customer program and Access. Finally we use your information to confirm your identity and perform credit checks or anti-fraud checks, in order to ensure your, and our, financial security. Please scroll down to find out the detailed purposes for which we collect your information, what specific information is collected and the legal basis for which we purpose that data.

• To register and manage your Fashionbarnshop account on our Website, we collect your name, email, password and other additional details you may wish to add to your account, like phone number, addresses and gender. The legal basis is the performance of a Contract with you.
• To fulfil the orders you make through our website, we collect your Name, addresses, phone number, Order details, like the products you are buying, the size and price. The legal basis is the performance of a Contract with you.
• To collect payment from you we collect your payment information, which comprises the credit/debit card’s number, holder’s name and CVV. We don’t store them and only transfer them to our authorised payment providers. The legal basis is the performance of a Contract with you.
• To provide you with our customer services (including helping you to solve any issue you have with our services, updating you about any change to our terms of service, or contacting you to know how was your experience with us): we collect your name, email, password, phone number and addresses and your contact history with us. The legal basis is the performance of a Contract with you and our legitimate interests in retaining you as a customer.
• To handle possible health and safety queries related with Beauty products: along with the data collected to provide you our customer services, we will also collect the kind and severity of adverse reaction, the affected area and if any medical treatment was used or needed. The legal basis is the performance of a Contract with you and compliance with a legal obligation.§ To monitor the quality of our customer services, we collect your name, email, password, phone number and addresses, your response to our SMS inquiries about the quality of the service and your contact history with us (including phone records of our conversations and conversations through email or other instant messaging apps). The legal basis is the legitimate interests in running our business.
• To review and post your reviews on your orders: we collect your name, age range, skin characteristics (such as type, tone, and concerns) and your written review. The legal basis is your consent.
• To administer, maintain and optimize our website and our services, we collect your device information (such as your device IP address and device type), cookie identifiers and browsing information. The legal basis is the legitimate interests in running our business.
• To perform fraud and credit checks and if we can do business with you, we collect your name, email, addresses, credit/debit card details, browsing history, purchase history, date of birth, gender, specific behavioral cookies, device information (such as IP address and device type), any national identifiers (like driver’s license or ID cards) and any publicly available information (like social media profiles or news). The legal basis is the legitimate interests to protect FARFETCH and its customers from fraudulent activities and compliance with a legal obligation.
• To send you marketing communications and personalized offers, we collect your name, email, phone number, addresses, date of birth, purchase history, browsing history and behavior, device information, shopping preferences, cookie identifiers, internal identifiers and country. The legal basis is the legitimate interests in electronic direct marketing of similar products and services which you have acquired using our website. When such is not applicable, your consent to send you special offers and campaigns powered by Fashionbarnshop in cooperation with exclusive partners.
• To manage our loyalty programmes, we collect your name, email, phone number, addresses, date of birth, purchase history, browsing history and behavior, device information, shopping preferences, nickname, cookie identifiers, internal identifiers, country, spent tier level and wealth. The legal basis is our legitimate interests in running our business and improving your shopping experience.
• To provide you with personalized recommendations and enhance your experience, we collect your name, email, phone number, addresses, date of birth, purchase history, browsing history and behavior, in-stores interactions with products, device Information, shopping preferences, nickname, cookie identifiers, internal identifiers, country, spent tier level and wealth. The legal basis is our legitimate interests in running our business and improving your shopping experience.
• To provide you information, through your Fashionbarnshop.com App, about Fashionbarnshop’ partner boutiques and products closer to your location, we collect your name, location and device information. The legal basis is your consent to allow the Fashionbarnshop.com app to access your location.
• To carry on research, analysis, enquiries and surveys on your use of our website, we collect your Name; Addresses; Email; Device information, legal basis is our legitimate interests in running our business and improve our website and your experience.
• To advertise and retarget advertising of our and our Partners’ products and services, we collect your email, cookie identifiers and device information. The legal basis is our legitimate interests in running our business.
• To produce aggregated statistical reports, we use your order history, provided that the result of such reports do not identify you. The legal basis is our legitimate interests in running our business and improving our website.

5. WHO DO YOU SHARE MY INFORMATION WITH?

To provide our services and the website, we work with a number of carefully selected third parties. To do this, we may share your information with these third parties in the following limited circumstances:

• Our partner boutiques and brands from whom you purchase products: we rely on carefully selected partners that supply the products that you see on our website. For selected Partner and whenever you purchase from them, we will automatically share – unless you tell us otherwise – your name, contact information and purchase details about the products you have acquired from them for their own marketing purposes. The usage of your personal information for the mentioned purposes will be done in accordance with the Partner’s privacy policy.
• Third party service providers for business purposes: to function properly, we rely on a number of carefully selected third parties to provide us with services and products. We permit these companies to use your personal information only to the extent necessary to provide us with their services and products. Below you can find the types of third parties we use:

o Courier companies that we use in order to deliver the products to you and, as such, they need to have access to your order information, including your name and address. These providers have a global outreach, with many local companies that can be engaged depending on your shipping address.

o Payment providers that we use to process your payment information (including your credit/debit card details) so that we can collect payment from you. These are based in the European Union, United States and China and are engaged depending on your location.

o Anti-fraud and credit check providers to keep us and you secure. They have access to and process your information and associated orders to check for any fraudulent behaviour. Our current providers are based in the United States, Europe and Israel.

o Analytics and search engine providers, like Google, that we use to assist us in the improvement and optimisation of the website. These providers are based in the United States and Europe.

o Customer Service management providers, that allow us to provide our customer services and improve and manage your customer experience. Our current provider is based in the United States.

o Marketing Tools providers that help us enable our marketing. These providers are based in the United States.

o Performance Marketing and Recommendations Providers that help us deliver advertising and recommendations of Fashionbarnshop products tailored to your interests and needs. These providers are based in the United States.

o Research companies that we can engage to help us carry out surveys regarding your use of our Website and Services. These providers are mostly based in the United States.

o Third parties that administer the platforms integrated with the Website, such as the selected partners which manage your product reviews and our Beauty Community.

o IT/technology providers that we use to support, maintain and provide our technology and IT infrastructure that supports our website and the storage of your information. This includes Bluehost that we use to host your information. These providers are based in the United States.

• Advertisers for marketing purposes: we can provide your information to our advertising and social media partners that you select (including Facebook and Twitter), where they require the data to select and serve relevant adverts about ours and our partners’ products and services to you and others.
• Third party service providers to enrich data: we may also enrich, match or combine information we hold about you with data from other sources, for instance by sharing some of your personal data with selected business partners. These partners are based in the United States. We do this to better understand your customer profile and interests so that we can deliver customised offers and other personalised services.
• To comply with legal requests: on occasion we may be required to liaise with various regulators and law enforcement agencies in a number of different countries, whether as a result of law, a court order, or another legal process. Although we dispute requests wherever suitable, in some cases we may have to share your information with the regulators or law enforcement agencies. Where we consider it appropriate, and provided we are not prohibited from doing so by law or court order, we will attempt to notify you of these legal demands.
• Aggregated information with third parties: we may aggregate your information with the information of other customers, creating a dataset of information about the usage of our website, purchase of products, and other general, grouped information about our customers. The legal basis is our legitimate interest to understand the usage of our service and demand for our product. Although this dataset is aggregated and anonymised, meaning it cannot identify you as an individual, it provides a valuable insight into the use of our website and we may therefore share it with select third parties. These parties may include providers of plugins or similar technologies (to help measure traffic), our partners and other providers (to allow them to better stock products), and our investors.

6. TRANSFERS OF YOUR PERSONAL DATA

By using our website and our services, you acknowledge and accept that your personal information will be processed in the United States. To provide our website and our services, in accordance with the purposes set out above, we may transfer and store the personal information that we collect from you to a destination outside of the United States, either to one of our Group Companies, to one of our Partners or to one of the third parties with which we work with, as stated below:

o When transferring personal information to one of our Group Companies outside the EEA, which may include the USA, Brazil, Russia, Japan, or China, we rely on the Commission’s model contracts for the transfer of personal data to third countries.

o We transfer the personal information to one of our Partners outside the EEA, to the extent such transfer is needed to fulfil the contract between you and the Partner which you are ordering the products from.

7. COOKIES

We use technology such as "cookies" to collect information and store your online preferences. Cookies are small pieces of information sent by a web server to a web browser, which allows the server to uniquely identify the browser on each page.

We use the following categories of cookies on our website:

• Strictly necessary cookies: these cookies are essential in order to enable you to move around the website and use its features. Without these cookies, services you have asked for such as remembering your login details or shopping basket items cannot be provided. These cookies will also inform us about your behavior on our website, if we can do business with you and protect Fashionbarnshop and its customers from fraudulent activities.
• Performance cookies: These cookies collect anonymous information on how you use our website (eg. we use Google Analytics cookies to help us understand how customers arrive at our site, browse or use our site) and highlight areas we can improve such as navigation, shopping experience and marketing campaigns. The data stored by these cookies does not show personal details from which your individual identity can be established. They are also used to help measure the effectiveness of an advertising campaign. You may opt-in to these cookies using your browser settings.
• Functionality cookies: These cookies remember choices you make such as the country you visit our website from, language and search parameters such as size, colour or product line. These can then be used to provide you with an experience more appropriate to your selections and to make the visits more tailored and pleasant. The information these cookies collect may be anonymised and they cannot track your browsing activity on other websites. You may opt in to these cookies using your browser settings.
• Targeting cookies or advertising cookies: These cookies collect information about your browsing habits and limited aggregated demographic information in order to make advertising more relevant to you and your interests. They are also used to limit the number of times you see an advert. The cookies are usually placed by third party advertising networks. They remember the websites you visit and that information is shared with other parties such as advertisers. For example, we use third party companies to provide you with more personalised adverts when visiting other websites. You may opt-in to these cookies using your browser settings.

You can withdraw your consent to these cookies at any time through the following options:

• Google Analytics cookies across all websites, please visit Google Analytics Opt-out Browser Add-on;
• Any other type of cookies, you can clean the cookies through your browser settings.

Please note that refusing cookies does not mean you will no longer receive online advertising. It does mean that the company or companies from which you opted out will no longer deliver adverts tailored to your web preferences and usage patterns, so you may see a greater number of adverts that are irrelevant to you and your preferences.

8. SECURITY

Keeping you and your personal information secure is very important to us. We take a number of reasonable steps to try to protect the personal information that you provide, including:

• Using a Transport Layer Secure (TLS) to encrypt the personal data that you send us during the order process (including any financial information such as credit or debit card details).
• Requiring you to establish a unique username and password to access your Fashionbarnshop account on our website.
• Not keeping details of your credit or debit card that would enable any third party to transact using that credit or debit card (such as your CVV number).
• Regularly monitoring our servers and IT systems for possible vulnerabilities and attacks. Unfortunately, despite this, the transmission of information via the Internet is not completely secure. We cannot guarantee the security of your personal data transmitted to or through our website, and any such transmission is at your own risk. In particular, please keep in mind that if you voluntarily disclose personal information through other means of communication than the website in a non-protected environment (such as through email, sms, online messages) then that information can be collected and used by others outside of our or your control.

9. HOW LONG WILL YOU USE MY INFORMATION FOR?

We retain the data you provide to us for as long as you have your Fashionbarnshop account with us and thereafter for such period as you may have questions or a claim in relation to our services, notwithstanding any superior retention period that we may be obliged to observe in accordance with legal requirements applicable to us. In some circumstances, you can ask us to delete your data as set out below. After you have terminated your use of our services, we may store your information in an aggregated and anonymised format.

10. WHAT ARE MY PRIVACY RIGHTS?

You have certain rights in relation to the personal data we hold about you, which we detail below. Some of these only apply in certain circumstances as set out in more detail below. We also set out how to exercise those rights. Please note that we will require you to verify your identity before responding to any requests to exercise your rights and that can include asking a set of security questions to ensure it is you. When you have appointed someone else to do the request on your behalf, that person and/or organisation needs to show a valid power of attorney issued by you. We must respond to a request by you to exercise those rights without undue delay and at least within one month (although this may be extended by a further two months in certain circumstances).

To exercise any of your rights, please contact us in: info@fashionbarnshop.com

• Access:you have the right to know whether we process personal data about you, and if we do, to access data we hold about you and certain information about how we use it and who we share it with (including the categories of personal data we share with businesses for their direct marketing uses and the names and addresses of those businesses). Please note that in your Fashionbarnshop account dashboard, you can see information about you, namely your account details (such as name, email, phone number, date of birth, the addresses you use for billing and shipping, your order history and shopping preferences).

You can also request a copy of your information. If you require more than one copy of the data we hold about you, we may charge a reasonable administration fee.

We may not provide you with certain personal data if providing it would interfere with another’s rights (e.g. where providing the personal data we hold about you would reveal information about another person) or where another exemption applies.

• Portability:you have the right to receive a subset of the personal data we collect from you in a structured, commonly used and machine-readable format and a right to request that we transfer such personal data to another party. The relevant subset of personal data is data that you provide us with your consent or for the purposes of performing our contract with you. If you wish for us to transfer the personal data to another party, please ensure you detail that party and note that we can only do so where it is technically feasible. We are not responsible for the security of the personal data or its processing once received by the third party. We also may not provide you with certain data if providing it would interfere with another’s rights (e.g. where providing the personal data we hold about you would reveal information about another person or our trade secrets or intellectual property).
• Correction:you have the right to correct any personal data held about you that is inaccurate. You can edit your personal information in “My Account” settings. You can also request the correction by emailing us. Please note that in some cases we can ask you to explain in detail why you believe the personal data we hold about you to be inaccurate or incomplete so that we can assess whether a correction is required. Please note that whilst we assess whether the personal data we hold about you is inaccurate or incomplete, you may exercise your right to restrict our processing of the applicable data as described below.
• Erasure:you may request that we erase the personal data we hold about you in certain circumstances. Please scroll down to know what those are:

o You believe that it is no longer necessary for us to hold the personal data we hold about you.

o We are processing the personal data we hold about you on the basis of your consent, and you wish to withdraw your consent and there is no other ground under which we can process the personal data.

o We are processing the personal data we hold about you on the basis of our legitimate interest and you object to such processing. Please provide us with detail as to your reasoning so that we can assess whether there is an overriding interest for us to retain such personal data.

o You no longer wish us to use the personal data we hold about you in order to send you promotions and special offers.

o You believe the personal data we hold about you is being unlawfully processed by us.

Also note that you may exercise your right to restrict our processing of the data whilst we consider your request as described below. Please provide as much detail as possible on your reasons for the request to assist us in determining whether you have a valid basis for erasure. Please note that we may retain the personal data if there are valid grounds under law for us to do so (eg. for the defence of legal claims or freedom of expression) but we will let you know if that is the case.

Where you have requested that we erase data that we have made public and there are grounds for erasure, we will use reasonable steps to try to tell others that are displaying the data or providing links to the data to erase the data too.

• Restriction of Processing to Storage Only. You have a right to require us to stop processing the personal data we hold about you other than for storage purposes in certain circumstances. Please note that if we stop processing the personal data, we may use it again if there are valid grounds under data protection law for us to do so (eg. for the defence of legal claims or for another’s protection).

Listed below are the cases where you may request we stop processing and only store the personal data we hold about you: o You believe the personal data is not accurate for the period it takes for us to verify your claim.

o You wish to erase the personal data as the processing we are doing is unlawful but you want us to retain the personal data for storage only and stop processing it.

o We wish to erase the personal data as it is no longer necessary for our purposes but you require it to be stored for the establishment, exercise or defence of legal claims.

o You have objected to us processing personal data we hold about you on the basis of our legitimate interest and you wish us to stop processing the personal data whilst we determine whether there is an overriding interest in us retaining such personal data.

• Objection: at any time you have the right to object to our processing of data about you in order to send you promotions and special offers, including where we build profiles for such purposes and we will stop processing the data for that purpose. You can do this by changing your marketing preferences in your Fashionbarnshop account, selecting 'unsubscribe' at the bottom of our marketing emails or by completing the Unsubscribe Form. Please note that you will still receive emails related to the orders you make through our website or updates to our Terms & Conditions and Privacy Policy.

You also have the right to object to our processing of data about you and we will consider your request in other circumstances as detailed below:

o We are processing the data we hold about you (including where the processing is profiling) on the basis of our or a third party’s legitimate interest and you object to such processing. Please provide us with detail as to your reasoning so that we can assess whether there is a compelling overriding interest in us continuing to process such data or if we need to process it in relation to legal claims. Also note that you may exercise your right to request that we stop processing the data whilst we make the assessment on an overriding interest.

Withdrawal of Consent: You can withdraw your consent at any time by changing your marketing preferences in your Fashionbarnshop account or by completing the Unsubscribe Form

       11.COMPLAINTS

1. If you have any questions or concerns about this Privacy Policy, please contact us: info@fashionbarnshop.com
2. Mailling Address: Fashionbarnshop 212w 35th Street. New York NY 10001

     13. UPDATES TO THIS POLICY Any changes we may make to this Privacy Policy in the future will be posted on this page and, where appropriate, notified to you by email. Please check back regularly to keep informed of updates or changes to this Privacy Policy.

TERMS & CONDITIONS

These terms and conditions (together with the information and policies contained in the "Customer Service" pages on the website and any other documents referred in these terms and conditions) ("Terms and Conditions") set out the legal terms that apply to your use of our website http://www.fashionbarnshop.com, any of its sub-domains and any other websites operated by us or on our behalf and any mobile device application or desktop application developed by us or on our behalf (together, the "Websites" and “Website” being a reference to any one of them) and the other services that we provide (the "Services").

Please read these Terms and Conditions carefully and make sure that you understand them before using the Services. Please note that by using the Services, 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 the Services and you should leave the Website immediately. If you continue to use the Website or if you order products, we will take this as your acceptance of these Terms and Conditions.

1) Understanding these Terms and Conditions

When certain words and phrases are used in these Terms and Conditions, they have specific meanings (these are known as 'defined terms'). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of the Terms and Conditions where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).

When we refer to "Fashionbarnshop", "we", "us" or "our", we mean Bpp International Group Inc or, where relevant, its affiliates. Where we refer to "you" or "your" we mean you, the person using the Services.

• We have used headings to help you understand these Terms and Conditions and to easily locate information. These Terms and Conditions are only available in the English language. We will not file copies of the contracts between us and you relating to our supply of the Services, or between you and the Partners relating to the sale of the products, so we recommend that you print or save a copy of these Terms and Conditions for your records (but please note that we may amend these Terms and Conditions from time to time so please check the Website regularly, and each time you use the Services to order products, to ensure you understand the legal terms which apply at that time).

2) About us

We are Bpp International Group Inc and, along with certain of our affiliates, we operate the Website. Bpp International Group Inc is a company registered in USA and our registered office is at 212 w 35^th Street. New York. NY 10001.

We, along with certain of our affiliates, provide the Services to you through the Website. Further details of the Services we provide are set out in section 3 below. When you purchase products using the Website, you are purchasing them from the third-party retailers ("Partner(s)") named on the Website. It is important that you understand that the contract for the purchase of the products is between you and the relevant Partner. We are acting as agent on behalf of the Partners, which are the principals. You are not purchasing the products from us. We are authorized by the relevant Partners to conclude the contract on their behalf, but we are not a party to that contract, and you are not purchasing the products from us. Further details about the products, the Partners and the contract between you and the Partners in relation to your purchase of the products are set out in sections 5, 6 and 7 below.

3) Our services

The Services we offer allow you to search through the Website and purchase products from many Partner boutiques and brands worldwide. Includes overstock products from major branded department stores. Fashionbarnshop.com As part of the Services, we also provide some ancillary services such as arranging delivery of the products, providing you with customer service assistance and payment processing without charge. Similarly, Bpp International Group Inc manages and runs the Website platform and provides the Services in respect of sales made to customers in the US; whereas Bpp International Group Inc or one of its affiliates manages and runs the Website platform and provides the Services for sales made to customers outside of the US. However, as stated above, the contract for the purchase of the products is between you and the relevant Partner. This means that it is the Partner (not us) who is legally responsible for selling the products to you.

Please note that the delivery logistics service is being provided by us to you and as such you are entering into a contract for delivery services provided by us. We may make a charge for these services which will be shown at checkout and prior to your purchase of the products. Your contract with us is concluded once the products have been delivered to you by the courier or have been collected by you from a Partner.

In order to use the Services, you must be over 18 years of age.

4) Our liability to you in relation to the Services

If, in providing the Services to you, we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you started using the Services.

We do not in any way exclude or limit our liability for: • (a) death or personal injury caused by our negligence; • (b) fraud or fraudulent misrepresentation; • (c) any other liability which cannot be limited by law.

5) The products

We attempt to be as accurate as possible in the description of the products displayed on the Website. However, as the descriptions are based on information provided to us by the Partners (who remain responsible for them), we cannot guarantee that all details are always accurate, complete or error free. Please contact our Customer Service Advisors if you would like more information about a product. The images of the products on the Website are for illustrative purposes only, and although we attempt to display colors accurately, we cannot guarantee that your computer's display of the images accurately reflect the true color of the products.

We do not allow partners to offer flawed items or products of lower quality than the corresponding market standards for sale on the website. If an item you have ordered is not as described, is flawed or of a lower quality, you can return it to us and we will liaise with the partner to process the return. Once the item is received by the relevant partner, you will receive a full refund of the defective item, or alternatively a discount, replacement or repair for the item where possible, decided by us on a case by case basis. We will refund you any applicable delivery charges and any reasonable costs you incur in returning the products (we will advise you whether the products will be collected from you or whether you need to arrange for them to be returned). Please see section 10 below for details of how to arrange a return.

As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights.

The products sold by the Partners are supplied for your domestic and private use only. You agree that you will not use the products for any commercial, business or re-sale purposes. You further agree that you will not export, reexport, or otherwise transfer the products to countries or territories that are the target of comprehensive embargoes or sanctions or to parties identified on the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons List or the E.U.’s Consolidated Financial Sanctions List. Neither we nor the Partners have any liability to you for any loss of profit, loss of business, interruption of business or loss of business opportunity.

6) Fashionbarnshop.com Partners

As explained above, the contract for the purchase of the products is between you and the relevant Partner. We are acting as agent and are authorized by the relevant Partner to conclude the contract on its behalf but we are not a party to that contract and you are not purchasing the products directly from us.

We request that all Partners using the Website have and maintain reasonable business policies which comply with our own business policies. We cannot, however, be responsible for the Partners’ business policies. If you are unhappy with the product or service you have received from a Partner, you should contact us and we will liaise with the relevant Partner on your behalf to try and resolve the issue.

7) Orders, prices, payment and taxes

The steps you need to take to place an order are explained in the "How to Order & Pay" section of our How to Shop page.

By completing the checkout process and placing an order by clicking the "Place Order" button on the checkout page, you are offering to purchase the products from the relevant Partner (and not directly from us). Your order for the products is subject to these Terms and Conditions which are incorporated into the contract between you and the relevant Partner. All orders are subject to availability and confirmation of the order price, which is determined by the relevant Partner. After entering into the contract for the products with the Partner, the Partner will be under a legal duty to supply you with goods that are in conformity with the contract. Legal title to the product purchased will pass to you upon your payment being accepted. Risk in the product will remain with the Partner and/or Fashionbarnshop.com (as applicable) until it is delivered to you at the address specified when you placed your order.

To order products you must be over 18 years of age and possess a valid method of payment (please see section (c) below for details of acceptable payment methods). By placing an order, you are promising that all details you provide are true and accurate, that you are over 18 years of age, that you are authorized to use your selected method of payment to place your order and that there are sufficient funds in the relevant account to cover the cost of your order.

The Website allows you to check your order and correct any errors before completing a purchase. Please take the time to read and check your order at each page of the order process as you are responsible for ensuring that the information you provide is accurate (for example, the correct products, quantities, size, color, etc.).

(a) Formation of the contract between you and the Partner(s). The identity of the Partner is shown on the order confirmation page when you place an order.

When you place an order, you will receive an email confirming receipt of your order. This email is only an acknowledgement for information purposes and it does not constitute acceptance of your order by the Partner. The contract between you and the Partner in relation to the products will not be formed until we have checked that the Partner accepts your order. If your order is accepted, we will send you a confirmation email, which concludes the contract between you and the Partner. The confirmation email will include a description of the products purchased in the order and certain other information about your rights to cancel the contract between you and the Partner (please see section 10 below for further information on your rights to cancel the contract). Only those products listed in the dispatch confirmation email are included in the contract between you and the Partner.

(b) Pricing, availability and taxes

Whilst we try and ensure that all details, descriptions and prices that appear on the Website are accurate, as this information is provided to us by the Partners, there may be cases where errors occur. If we discover an error in the price of any products that you have ordered, we will inform you of this as soon as possible and, acting on behalf of the Partner, give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, your order will be treated as cancelled. If you cancel and you have already paid for the products, you will receive a full refund as soon as possible.

If you are viewing the Website from the UK or a country in the EU, the product prices advertised on the Website from Partners located within the EU are inclusive of the VAT charged by the relevant Partner. Delivery costs are not included in the prices and will be charged in addition. The delivery costs (which will include VAT charged by us) will vary depending on the products that you have ordered and your delivery address. Please see the "Shipping Information" section of our Orders and Shipping page for further details. The delivery costs applicable to your order will be clearly displayed at checkout before you place your order (and are included in the "Total Cost" amount shown on the order summary page).

Depending on your delivery address, different taxation rules and additional charges may apply. If you are shipping items from a Partner outside of your territory, you may need to pay import duties upon receipt of the products. We will notify you during the checkout process if import duties are included or you may have to pay them upon receipt of the products. If they are not included, neither we nor the Partner have any control over these charges and we cannot advise on their amount. You will be responsible for payment of any such import duties and taxes that are not included. Please contact your local customs office for further information and a “landed cost estimate” before placing your order. Additional information is also available in the "Duties and Taxes" section of our Orders and Shipping page.

For US customers, Fashionbarnshop,com may charge and collect applicable sales or use taxes on purchases made through the Website. Even if sales or use tax is collected, your purchase may be subject to sales or use tax unless it is specifically exempt from taxation. Many states require customers to file a sales/use tax return at the end of the year reporting all taxable purchases that were not taxed and to pay tax on those purchases. For more details, please contact your respective taxing authorities.

Please note that if you return an item, the taxes and import duties will be refunded to you if they were originally included in the purchase price. By initiating a return, you agree to disclaim and assign exclusively to Fashionbarnshop.com (and to the exclusion of any other party), any right to or interest in duty drawback you may have with respect to the returned item.

8) Delivery

The estimated delivery date of the products will be stated in your order confirmation email. If you do not receive an estimated delivery date from us, we will deliver the order within 12 - 25 days after the date of dispatch. We (and not the Partners) supply delivery services to you and we will try to ensure that your order is delivered by the estimated delivery date if given,) but there may be circumstances where delivery is delayed because of events beyond our reasonable control (please see section 15 below for further information). If this happens, we will try and arrange for your products to be delivered as soon as possible, but we will not be liable to you for any losses caused as a result of such delay.

Delivery times may vary depending on the availability of the products and your delivery address. Delivery times, including for Same Day delivery, are estimates only and cannot be guaranteed. The product(s) will be delivered to you directly by the Partner(s) so your order may arrive in multiple deliveries and at different times.

In certain circumstances our delivery partner may leave your package outside or provide you with optional services when delivering your order, such as: (a) signature release: opting out of the requirement to provide a signature on delivery; (b) leave with neighbors, reception or security: re-directing the delivery to a neighbors, reception or security; (c) reschedule a new delivery date: selecting a delivery date that best suits you; (d) re-directing to a collection point: collecting your package from a collection point nearby. If our delivery partner leaves your package outside, or if you select any of the optional services (including through any default preferences you may have selected with our delivery partner separately) you acknowledge and agree that Fashionbarnshop.com shall bear no responsibility or liability for any loss or damage that may result from delivering your order in that way.

9) International Delivery

Details of the countries we deliver to can be found on our Orders & Shipping page. There are restrictions on some products for certain international destinations, so please review the information on that page carefully before placing an order.

If you purchase products for delivery to an international destination, your order may be subject to import duties and taxes which are applied when the package reaches that destination. Please see section 7(b) (above) for more information on duties and taxes. You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you breach any such laws.

10) Returns and Cancellation

Please see our Returns & Refunds Policy for information on returns, and our Free Returns service.

Please note that in certain cases the Partner may reject your return of a product and Fashionbarnshop.com (or any of its group companies) may, at its sole discretion, choose to purchase the product from you. You agree that legal title to such product will automatically pass to Fashionbarnshop.com (or its relevant group company) upon Fashionbarnshop.com (or its relevant group company) choosing to purchase such product from you.

For returns using our Free Returns service, please see our Returns & Refunds Policy.

11) Our Website

This section sets out the rules that apply to your use of the Website (whether or not you use it to order products or just to browse). By using the Website, you agree to these rules. If you do not agree to these rules, you are not permitted to use the Website and you should leave it immediately.

(a) Access to the Website

The Website is made available free of charge and you are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions, and that they comply with them.

Access to the Website is permitted on a temporary basis and it does not include any commercial use of the Website or its contents. You must not reproduce, copy and/or exploit the Website for any commercial purposes without our prior written consent.

We reserve the right to withdraw or amend the Website without notice and, from time to time, we may restrict access to all or parts of the Website. We will not be liable to you if, for any reason, the Website is unavailable at any time or for any period.

When you visit the Website and/or submit an order, you are communicating with us electronically and you agree that all agreements, notices, disclosures and other communications that we send to you electronically (whether on our behalf or on behalf of the Partners) satisfy any legal requirement that same communications be in writing.

(b) Your conduct

You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way.

You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only.

You must not use the Website for any of the following:

In any way that breaches any applicable local, national or international law or regulation. In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect. To send, use or reuse any material that is: (i) illegal, offensive, abusive, indecent, defamatory, obscene or menacing, and/or (ii) in breach of copyright, trademark, confidence, privacy or any other right, and/or (iii) otherwise injurious to third parties, and/or (iv) objectionable, and/or (v) which consists of or contains software viruses, political campaigning,  commercial solicitation, chain letters, mass mailings or any "spam". To cause harm, annoyance, inconvenience or needless anxiety to any person.

Breaching these provisions would constitute a criminal offence under the Computer Misuse Act 1990. We, in compliance with any enforceable law or public order, will report any such breach to the relevant law enforcement authorities and disclose your identity to them. If you breach any of the Terms and Conditions and/or any Third Party Products and Services’ terms and conditions, you will indemnify us in full against all costs, expenses, liabilities, damages and losses (excluding any indirect, incidental or consequential loss), including any interest, fines and legal or other professional fees and expenses awarded against or incurred or paid by us and/or any member of our group as a result of or in connection with your breach.

(c) Third Party Products and Services on the Website

The Website may contain services and/or products (including add-ons and applications) offered by third parties other than our Partners (the “Third Party Products and Services”). Your use of these Third-Party Products and Services may be subject to additional terms and conditions which we recommend you review before first using such Third-Party Products and Services and continue to review for any changes. We disclaim any responsibility or liability for or in connection with your use of any Third-Party Products and Services. We reserve the right to suspend, withdraw, terminate and/or amend your access to the Websites and/or Services, including but not limited to Third Party Products and Services, in the event that you breach any Third-Party Products and Services’ terms and conditions. Use of Third-Party Products and Services is entirely at your own risk.

We make no guarantee that any or all features of the Websites, Services or Third-Party Products and Services will work on any device.

(d) Linking

We are happy for you to link to the Website but you must do so in a way that is fair and legal and does not damage our reputation or take advantage of it (such as by using a link to suggest any form of association or endorsement by us). We reserve the right to withdraw linking permission at any time and, if we instruct you to remove a link to the Website, you must do so without delay.

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 contents of 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.

(e) Our liability in relation to the Website

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 will not be liable to you or any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with: (i) use of, or inability to use, the Website; or (ii) use of or reliance on any content displayed on the Website.

Please note that we only provide the Website for domestic and private use and, as such, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it. We do not in any way exclude or limit our liability for: 1. death or personal injury caused by our negligence; 2. fraud or fraudulent misrepresentation; 3. any other liability which cannot be limited by law. Different limitations and exclusions of liability will apply to liability arising as a result of our supply of the Services to you (as set out in section 4) and the Partners’ supply of the products to you.

12) Privacy Policy

We only use your personal information in accordance our Privacy Policy. Please take the time to read this carefully, as it includes important information about how we collect and use your data. By using the Website, you consent to the use of your data as described in our Privacy Policy and you warrant that all data provided by you is accurate.

13) Intellectual property, software and content

We are the owner or the licensee of all intellectual property rights in the Website and its content (such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software including the presentation and compilation of the same) ("Content"). The rights on the Website and the Content are protected by international copyright laws as well as by any relevant national law concerning copyright, authors' rights and database right laws. All such rights are reserved.

You must not systematically extract and/or re-utilize parts of the Website or the Content.  You must not use any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization any substantial parts of the Website. You must not create and/or publish your own database that features substantial parts of the Website (e.g., our prices and product listings) without our prior written consent.

Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and images of third-party products, services and/or locations featured on the Website are in no way associated, linked or affiliated with us. Any trademarks/names featured on the Website are owned by the respective trademark owners.

14) Ethical sourcing policy

As a reputable and trusted business committed to offering its customers high quality products, we recognize our obligation to ensure that all Partners and other suppliers are operating ethically. We expect all Partners and other suppliers to consistently provide an environment which protects their employees' health and safety and basic human rights. All Partners and other suppliers are expected to comply with their national employment laws and regulations with regard to minimum age of employment, freely chosen employment, health and safety, freedom of association and the right to collective bargaining, no discrimination, no harsh or inhumane treatment, working hours, rates of pay and terms of employment.

We will never knowingly allow a Partner to offer its products on the Website if such products are sourced from countries which are in breach of these principles. We also look to the Partners and other suppliers to instils these principles when dealing with their own supplier base. Because of the sometimes-complex nature of the Partners and other suppliers' supply chain, it is not always possible to monitor and control the conditions of everyone involved in the production of the products. However, as we continue to grow, we recognize the importance of being proactive and doing everything within our power to support the rights of those involved in the manufacture of the products.

15) Kids wear policy

The Fashionbarnshop.com Kids wear product safety policy sets out guidelines to highlight the types of products that Partners might be restricted to sell via the Fashionbarnshop.com platform due to product safety restrictions. Our policy states that Partners should seek regular independent advice and assurances from the brand/manufacturer/importer from whom the product is purchased to determine whether the goods are permitted to be sold into the country and where applicable, the state, in which the buyer is located. While we work closely with our Partners, it is our Partner’s responsibility to ensure that the goods they sell comply with all applicable product laws and regulations, such as Flammability Standards, Certificates of Compliance and Tracking Labels. Our Customer Service Advisors can liaise with the relevant Partner if you require additional information.

16) Fashionbarnshop.com invitation-only Sales

Selected brands only. Invited customers must be signed in to view the offer on the Fashionbarnshop.com site or app. As this is an exclusive event just for you, details must not be shared or advertised in any way, including, but not limited to, on any website, blog, social media account, messaging application, email, word of mouth, etc. Affiliate partners must not promote this event as per network terms and conditions. Fashionbarnshop.com reserves all its rights (including where it is known or suspected you have passed these details on), which may involve suspending your account and/or voiding your transactions for the duration of Sale.  Fashionbarnshop.com reserves the right to withdraw this offer at any time without notice.

17) Final Sale

'Final Sale' items are not subject to Fashionbarnshop's standard return policy and may not be returned. Any return or refund of 'Final Sale' items purchased from Fashionbarnshop.com are made at Fashionbarnshop's absolute and sole discretion, subject to applicable laws.

18) Other important information

We reserve the right to close your Fashionbarnshop.com account or restrict future orders at any time in our sole discretion.

Severability - Each of the sections and paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections and paragraphs will remain in full force and effect.

Waiver - If you breach these Terms and Conditions and we take no action, or if we delay in acting, that does not mean that we have waived our rights and we will still be entitled to use our rights and remedies. If we do waive a breach by you, we will only do so in writing (signed by one of our directors), and that will not mean that we will automatically waive any later breach by you.

Entire agreement - These Terms and Conditions constitute the entire agreement between you and us and they supersede all earlier agreements between you and us.

Events outside of our control - We and the Partners will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you if such failure or delay is caused by an event outside of our control.

An event outside of our control means any act or event beyond our or the Partners reasonable control such as act(s) of God, wars, terrorist attacks, embargos, riots, strikes, lockouts, trade disputes, fires, floods, earthquakes or other natural disasters, break-down, inclement weather, interruption of transport, Government action or failure of public or private telecommunications or transport networks.

If such an event takes place and it affects the performance of our or the Partners’ obligations to you: (i) we will contact, you as soon as reasonably possible to notify you; and (ii) our and the Partners’ obligations to you will be suspended for the duration of the event. Where the event affects delivery of products to you, we will contact you to arrange a new delivery date after the event is over.

Complaints - We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Please see our Contact Us page for details of how to get in touch with us.

19) Governing Law, Jurisdiction, and for US Customers Arbitration

Anything related to your order, use of the Websites or these Terms and Conditions, shall be governed and construed in accordance with the laws of the State of New York, without regard to its conflict of laws or choice of laws principles.

Any dispute or claim between you and us (including the websites operated by us) relating in any way to these Terms and Conditions, as well as all other aspects of your transaction contemplated by these Terms and Conditions, including but not limited to your use of the services or websites or the breach, termination, enforcement, interpretation or validity thereof,  including the determination of the scope or applicability of these Terms and Conditions to arbitrate, shall be determined on an individual basis by arbitration in the County of New York in the State of New York before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures unless the parties mutually agree otherwise.

Where permitted under applicable law, you and Fashionbarnshop.com agree to arbitrate exclusively on an individual basis, and that these Terms and Conditions do not permit class arbitration or any claims brought as a plaintiff or class member in any purported class, representative, group, or other consolidated arbitration proceeding. The arbitral tribunal or judge may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

Judgment on the award may be entered in any court having jurisdiction. If either us or you bring any action or proceeding by reason of any breach or alleged breach of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover its reasonable expenses in connection therewith (including without limitation reasonable attorneys’ fees and court costs) to the extent allowed under the law, from the other party. The term ‘prevailing party’ means the party obtaining substantially the relief sought, whether by compromise, settlement, or judgment.

The Federal Arbitration Act and federal arbitration law apply to these Terms and Conditions. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms and Conditions as a court would.

If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuses of intellectual property rights.

20) Terms applicable to purchases from Selected Partners

If you are purchasing an item from any of the Selected Partners listed at the end 19) Governing Law, Jurisdiction, and for US Customers Arbitration

For US customers, these Terms and Conditions, services, as well as all other aspects of your transaction contemplated by these Terms and Conditions, shall be governed and construed in accordance with the laws of the State of New York, without regard to its conflict of laws or choice of laws principles. Any dispute or claim between you and us (including the websites operated by us) relating in any way to these Terms and Conditions, as well as all other aspects of your transaction contemplated by these Terms and Conditions, including but not limited to your use of the services or websites or the breach, termination, enforcement, interpretation or validity thereof,  including the determination of the scope or applicability of these Terms and Conditions to arbitrate, shall be determined on an individual basis by arbitration in the County of New York in the State of New York before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures unless the parties mutually agree otherwise. Judgment on the award may be entered in any court having jurisdiction. If either us or you brings any action or proceeding by reason of any breach or alleged breach of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover its reasonable expenses in connection therewith (including without limitation reasonable attorneys’ fees and court costs) to the extent allowed under the law, from the other party. The term ‘prevailing party’ means the party obtaining substantially the relief sought, whether by compromise, settlement, or judgment. The Federal Arbitration Act and federal arbitration law apply to these Terms and Conditions. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms and Conditions as a court would. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuses of intellectual property rights.

(a) Section 2 above shall not apply to you and shall be replaced by the following:

2) About us

We are Bpp International Group Inc and, along with certain of our affiliates, we operate the Website. Bpp International Group Inc is a company registered in USA and our registered office is at 212 w 35^th Street. New York. NY 10001.We provide the Services to you through the Website. Further details of the Services we provide are set out in section 3 below.

When you purchase products from the Selected Partners using the Website, and the goods are in the EU at the point of sale, Bpp International Group Inc. will invoice you directly for the product and associated delivery services. Where the goods are in the UK at the point of sale, . Bpp International Group Inc will invoice you directly for the product and associated delivery services. In such cases the provisions of Article 14(2)(c) and Article 28 (as applicable) of the EU VAT Directive 2006/112/EC will apply for EU VAT purposes and section 47 (as applicable) of the UK VAT Act 1994, will apply for UK VAT purposes. This does not change the underlying contract governing the supply of goods from the Selected Partner to you and all your statutory rights are unaffected. Further details about the products, the Selected Partners and the contract between you and the Selected Partners in relation to your purchase of the products are set out in sections 5, 6 and 7 below.

(b) Section 6 above shall not apply to you and shall be replaced by the following:

6) Fashionbarbshop.com Partners As explained above, the contract for the purchase of the products is between you and the relevant Partner.

We request that all Partners using the Website have and maintain reasonable business policies which comply with our own business policies. We cannot, however, be responsible for the Partners’ business policies. If you are unhappy with the product or service you have received from a Partner, you should contact us, and we will liaise with the relevant Partner on your behalf to try and resolve the issue.

Further information about the Partners and the products they offer is available in our How to Shop page.

(c) Paragraph 1 of section 7(b) above shall not apply to you and shall be replaced by the following:

(b) Pricing and availability. Whilst we try and ensure that all details, descriptions and prices that appear on the Website are accurate, as this information is provided to us by the Partners, there may be cases where errors occur. If we discover an error in the price of any products that you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, your order will be treated as cancelled. If you cancel and you have already paid for the products, you will receive a full refund as soon as possible.

(d) Paragraph 2 of section 7(b) above shall not apply to you and shall be replaced by the following:

If you are viewing the Website from the UK, the product prices advertised on the Website from Partners located within the UK are inclusive of the VAT charged by us. Delivery costs are not included in the prices and will be charged in addition. The delivery costs (which will include VAT charged by us) will vary depending on the products that you have ordered and your delivery address. Please see the "Shipping Information" section of our Orders and Shipping page for further details. The delivery costs applicable to your order will be clearly displayed at checkout before you place your order (and are included in the "Total Cost" amount shown on the order summary page).

(e) Paragraph 1 of section 7(c) above shall not apply to you and shall be replaced by the following:

(c) Payment Please see the "Which payment methods do you accept?" section of our FAQs for details of our available payment methods. When you submit your order, we carry out a standard pre-authorization check on your payment card and products will not be dispatched until the details you have provided are verified. For information on when your payment will be debited from your account please see the "When will my card be charged?" section in our FAQs.

 

PRIVACY POLICY ADDENDUM FOR CALIFORNIA AND VIRGINIA RESIDENTS

LAST UPDATED: December 2022

The following terms apply to Personal Information of residents of California and Virginia (the “States”). These provisions are intended to comply with the privacy laws enacted by the States and related regulations, including the California Consumer Privacy Act, the California Privacy Rights Act (“CPRA”), and the Virginia Consumer Data Protection Act (collectively, the “State Privacy Laws”). These provisions supplement the other sections of our Privacy Policy. Any terms that are defined in the State Privacy Laws have the same meaning here.

If you are a resident of one of the States, State Privacy Laws provide you with the following rights with respect to your Personal Information, as that term is defined in the State Privacy Laws:

• The right to know what Personal Information we have collected, used or disclosed about you.
• The right to request that we delete any Personal Information we have collected about you.
• The right to request that we correct any inaccurate Personal Information we have collected about you.
• The right to opt out of the sale or sharing of your Personal Information.

To exercise any of your rights, please fulfil this Data Subject Request Form. Or contact us at info@fashionbarnshop.com

HOW WE COLLECT AND SHARE CALIFORNIA AND VIRGINIA RESIDENTS’ INFORMATION

Over the last 12 months, personal information we have collected and shared includes the following: Category of Information Collected - Identifiers, including your name, account nickname, IP address, cookie identifiers, mailing address, phone number, email address, date of birth, government-issued forms of identification (like a driver’s license), internal identifiers Fashionbarnshop assigns to you, and email addresses or social media information about your friends.

Sources. We collect this information directly from you, except with respect to: your IP address, which we automatically collect from your device through our use of cookies and similar technologies; your cookie identifier, which is assigned to your device; and your Fashionbarnshop internal identifier, which we assign to you.

Uses. We use this information to: provide, maintain, and improve our Services; perform fraud and credit checks; manage our loyalty programs; fulfil your orders and deliver products to you; respond to customer inquiries; manage your online account; personalize your online experience; and process and deliver promotional offers.

Disclosures. We disclose this information to service providers who to help us to: provide, maintain, and improve our Services; perform fraud and credit checks; manage our loyalty programs; deliver products to you; respond to customer inquiries; manage your online account; personalize your online experience; and process and deliver promotional offers.

Category of Information Collected – Personal Information, as defined by the State Privacy Laws, including your name, phone number, mailing address, gender (collected from our consumers), and payment card information.

Sources. We collect this information directly from you.

Uses. We use this information to: provide, maintain, and improve our Services; perform fraud and credit checks; manage our loyalty programs; deliver products to you; respond to customer inquiries; manage your online account; better understand our customer audience; personalize your online experience; and process and deliver promotional offers.

Disclosures. We disclose this information to service providers who to help us to: provide, maintain, and improve our Services; perform fraud and credit checks; manage our loyalty programs; deliver products to you; respond to customer inquiries; manage your online account; better understand our customer audience; personalize your online experience; and process and deliver promotional offers.

Category of Information Collected – Commercial information like information about a transaction, including your credit or debit card details, spending history on the Website, and order details.

Sources. Our third-party payment vendors collect this information directly from you on our behalf.

Uses. We use this information to: process your transactions and deliver our products to you; manage our loyalty programs; personalize your online experience; and to perform fraud and credit checks.

Disclosures. We disclose this information to service providers who help us to: process your transactions and deliver our products to you; manage our loyalty programs; personalize your online experience; and to perform fraud and credit checks. Category of Information Collected – Internet or other electronic network activity information like the information derived from our use of cookies and similar technologies – including the type of device you have, the device identifier/media access control (MAC) address, the proximity of the device from the Wi-Fi access point, the browser you are using, your mobile network provider (for mobile devices), the pages you have visited, your time zone and country location, crash or download error reports, your language preferences, and where relevant, when and for how long the device is connected to the Wi-Fi network.

We will also collect information about your browsing history, your purchasing preference history, your shopping cart status, and your contact history with us (including phone records of our conversations).

Sources. We collect this information directly from you and from cookies and similar technologies that automatically collect this information from your device. We also collect this information – such as social graph data – from our select partners.

Uses. We will share this information with service providers to provide, maintain, and improve our Services, respond to customer inquiries; manage your online account; personalize your online experience; and process and deliver promotional offers. To this end, we will append this information to our existing customer account information to better understand customers’ interests and to provide more relevant product recommendations and advertising, to increase our customer’s security when using our Website, and to comply with our legal obligations, such as sanctions laws.

Disclosures. We will disclose this information with service providers to: provide, maintain, and improve our Services; respond to customer inquiries; manage your online account; personalize your online experience; and process and deliver promotional offers. And we will share this information with our advertising partners, which may inform which individuals they help other companies to target with third-party advertising. Category of Information Collected – Geolocation data, including the location of the device.

Sources. We automatically collect this information from your device, depending on your settings, and we collect location information when you share it directly with us.

Uses. We use this information to: provide, maintain, and improve our Services; manage your online account; personalize your online experience; and process and deliver promotional offers.

Disclosures. We disclose this information to our service providers who help us to: provide, maintain, and improve our Services; manage your online account; personalize your online experience; and process and deliver promotional offers. Category of Information Collected – Inferences derived from personal information.

Sources. We analyze your behavior and purchase on our website as well as public or social graph data provided by our partners to determine shopping preferences and improve your experience.

Uses. We us this category of information to tailor and improve your shopping experience on our website.

Disclosures. We do not disclose this information.

SUBMITTING REQUESTS

You may submit requests to know, delete, or correct Personal Information we have collected about you by fulfiling this Data Subject Request Form.

We will respond to your request in compliance with the State Privacy Laws or other applicable law.

If we deny your request, you may appeal that decision by contacting us at info@fashionbarnshop.com

VERIFICATION OF YOUR IDENTITY

When you exercise these rights and submit a request to us, we or our partners will verify your identity by asking you to authenticate your identity via standard authentication procedures. We will send you an email asking for your confirmation, which you will be able to give in 48 hours after the request had been made. In some situations, namely under the right to know, we may ask for additional details before proceeding with your request

AUTHORIZED AGENTS

You may permit an authorized agent to submit a request to know or to delete your Personal Information. If we receive a request on your behalf, we will follow the same authentication procedure as mentioned in the previous section.

AUTOMATED DECISION-MAKING

We generally do not use automated decision-making technology, as that term is defined by State Privacy Laws. If we make use of automated decision-making technology, you will be informed through a separate privacy notice.

SALES OF PERSONAL INFORMATION

We allow companies to use cookies and other tracking technologies on our sites that allow those companies to collect information about your website activity and use that information to target advertisements to you online. You can exercise control over the use of these technologies. See the button on the footer of the website in order to opt-out of the “sale” or “share” of personal information. We may collect some Sensitive Personal Information, as that term is defined under State Privacy Laws and as described in this Privacy Policy, such as your credit card number. Your Sensitive Personal Information will not be used for any additional purposes that are incompatible with the purposes listed above, unless we provide you with notice of those additional purposes.

CALIFORNIA BUSINESS CONTACT INFORMATION

If you are a California resident and we receive your Personal Information in the form of contact details from business events, for example as part of a business appointment (e.g., by exchanging business cards) or as part of any other form of collaboration, we may use your contact and business details to maintain our business contacts. For this purpose, we may transfer your contact details to our internal database. Pursuant to the CPRA, you have the privacy rights with respect to your business contact Personal Information described above.

The processing activity may include the following data categories:

• Your contact information (e.g., name, title, form of address or salutation, address, gender, telephone numbers, email address); and
• Details on your profession (e.g., job title, position, personnel number, place of work, branch office, department, qualifications).

This data processing is based on our legitimate business interests. We have a legitimate economic interest in maintaining contacts beyond the initial context and in using them to establish and develop a business relationship and to remain in contact with the parties concerned. Such business contacts could also be easily processed in our email communications with you and then kept in typical business software, either centrally or on the electronic devices of our employees.

NON-DISCRIMINATION

If you make a request under State Privacy Law, we will not discriminate against you in any way. For example, we will not deny you goods or services, charge you different prices or rates for goods or services, deny you discounts or other benefits or impose penalties on you, or provide you with or suggest that you will receive a different level or quality of goods or services.

LOYALTY PROGRAM

We offer loyalty programs to our customers to encourage and reward their loyalty to us. Through these loyalty programs, participants can receive benefits such as personal styling, early access to sales and events, free shipping, and extended returns periods. If eligible, you will be automatically included into our loyalty programs and participants can discontinue their participation at any time. To manage this program, we collect your name; email; phone number; addresses; date of birth; purchase history; browsing history and behavior; device information; shopping preferences; nickname; cookie identifiers; Internal identifiers; country; spent tier level and wealth.

RECORD RETENTION

We may retain your Personal Information for as long as necessary to fulfil the purpose for which it was collected or to comply with legal or regulatory requirements. We strive to retain your Personal Information no longer than is reasonably necessary to carry out the purposes listed in this Privacy Policy or as required by law.

RESPONSE TO DO NOT TRACK SIGNALS

Some Internet browsers include the ability to transmit “Do Not Track” signals. Since uniform standards for “Do Not Track” signals have not yet been adopted, Fashionbarnshop does not process or respond to “Do Not Track” signals.