Terms and Conditions

1.GENERAL

By utilizing the Services in any capacity, such as visiting the Site, downloading mobile applications, creating an account, or contributing content, you explicitly comprehend, recognize, and consent to be bound by the Terms of Use. Your authorization to use the Services is contingent upon your agreement to comply with all relevant laws and these Terms.

Furthermore, feel free to consult our Privacy & Cookie Policy at any time to gain a deeper understanding of how Aye Chic gathers, stores, and safeguards your information while utilizing the Services. Our Privacy & Cookie Policy is hereby included by reference into these Terms & Conditions as if fully detailed herein.

1.1 Updates to the Terms. We retain the authority to amend the Terms of Use, which includes the Privacy & Cookie Policy, at our discretion, and at any time. If substantial changes are made to this agreement, the modifications will take effect once we notify you of the revised terms. The notification method will be determined solely by us, which may include, for instance, email communication, a posted notice on the Site or Apps, or another appropriate means.

If you continue using the Services after receiving notification of the modification, it will be considered as your acceptance of the updated terms.

1.2 Acceptance of Terms. In order to make purchases through our platform, you must be a minimum of 16 years old. Your access, browsing, or utilization of the Services implies your acceptance of all the terms and conditions outlined in this Agreement. If you do not agree with any portion of the Terms, it is advisable to cease your access or use of the Services promptly. Kindly review this Agreement thoroughly before proceeding.

If you have any questions regarding these Terms & Conditions or our Privacy & Cookie Policy, you may contact us anytime at our Customer Service.

2.USE OF OUR SERVICES

2.1 Representations. By utilizing our services, you consent to the processing of your information and affirm the accuracy and truthfulness of all provided details. You declare that you are at least 16 years old or accessing the services under the supervision of a parent or guardian. Under the terms and conditions of this agreement, Aye Chic grants you a limited, revocable, non-transferable, and non-exclusive license to access and use the services, either through your internet browser for our site or on your mobile devices for our apps. This access is solely for personal shopping purposes and not for any commercial use or on behalf of a third party, unless explicitly permitted by Aye Chic in advance. Any violation of this agreement will lead to an immediate revocation of the granted license without prior notice.

2.2 Limitations on Use. Except as explicitly allowed in the preceding paragraph, you are prohibited from reproducing, distributing, displaying, selling, leasing, transmitting, creating derivative works from, translating, modifying, reverse-engineering, disassembling, decompiling, or otherwise exploiting the Services or any part thereof without express written permission from Aye Chic. Commercial use of any information provided on the Services or utilization of the Services for the benefit of another business is strictly prohibited unless explicitly authorized by Aye Chic in advance. Aye Chic retains the right to decline service, terminate accounts, and/or cancel orders at its discretion, particularly if we suspect that customer conduct violates applicable laws or poses harm to our interests.

You are prohibited from uploading, distributing, or otherwise disseminating through the Services any content, information, or material that: (a) infringes upon or violates the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any individual; (b) is defamatory, threatening, libelous, obscene, indecent, pornographic, or could lead to civil or criminal liability under local or international law; or (c) contains any bugs, logic bombs, viruses, worms, trap doors, Trojan horses, or other code, material, or properties that are malicious or technologically harmful. Aye Chic reserves the right to assign you a password and account identification for accessing and utilizing specific sections of the Services.

Additionally, you agree not to:

Utilize the services for any illicit purposes or activities that may contravene applicable federal, state, local, or international laws or regulations.

To participate in any actions that limit or hinder anyone's use or enjoyment of the Services, or that, as determined by us, might pose harm to us or others utilizing the Services, or subject them to liability;

Employ the Services in a way that might deactivate, overload, harm, or hinder the functionality of the Site or Apps, or interfere with any other user's utilization of the Services;

Utilize any robot, spider, or other automated mechanism, process, or method to enter the Service for any intent;

Utilize the Services to disseminate unsolicited promotional or commercial material or to engage in commercial solicitation with other individuals through the Services;

Or else, try to disrupt the normal functioning of the Service.

2.3 Account Creation and Termination. To utilize certain features offered by the Services, it is necessary to establish an account. Usage of another individual's account is prohibited. Whenever a password or identification is employed, you are considered authorized to access and utilize the Site or Apps in accordance with the terms and conditions of this Agreement. Aye Chic is not obliged to scrutinize the authorization or origin of such access or use of the Services.

You bear full responsibility for all access and utilization of the services by any individual utilizing the password and identification initially assigned to you, regardless of whether such access and use are officially authorized by you. This includes, but is not limited to, all communications, transmissions, and obligations (including financial responsibilities) arising from such access or use. Ensuring the security and confidentiality of the assigned password and identification is your sole responsibility. Promptly inform Aye Chic of any unauthorized use of your password or identification, as well as any other actual or potential breaches in the security of the Site or App.

Occasionally, we may limit access to certain or all aspects of the Services, including the capability to upload documents, process payments, or communicate messages.

We reserve the right to discontinue your access to the Services at any time, at our sole discretion, without cause or prior notice, or if we have reason to believe that you have violated these Terms. Likewise, you have the option to terminate your account at any time, for any reason, by adhering to the instructions provided on the Site or App, or by reaching out to us through the contact information specified in the "Contact Us" section below.

2.4 Customs. In compliance with customs regulations, customers are required to furnish accurate and valid information. This includes ensuring that consignee names, addresses, and payer details are valid. In certain countries, consignees may be required to provide their ID or passport for package clearance or payment verification. The accuracy of the provided data is solely the customer's responsibility. If any inaccuracies hinder shipments, deliveries, or customs clearance, we are not liable and will not provide compensation. Importers are responsible for adhering to all laws and regulations in their respective countries. For additional details, please consult our Privacy & Cookie Policy.

3.PRIVACY & COOKIE POLICY

By utilizing our services and placing orders, you consent to accurately and truthfully provide us with your email address, postal address, and/or other contact details. Furthermore, you agree that we may use this information to communicate with you as needed regarding your order.

We acknowledge your privacy rights. To understand the collection and utilization of your personal information, as well as the process to opt-out of non-transactional communications, please refer to our Privacy & Cookie Policy.

4.ERRORS

If you happen to identify any inaccuracies while inputting your personal details during the registration process for our services, you can easily rectify them in the "My Account" section. Furthermore, should you encounter errors in the personal information submitted during the purchase process, our team is readily available for assistance. The right to correction, as specified in our Privacy & Cookie Policy, can be exercised through our website and apps. Confirmation boxes appear at different stages of the purchase process, preventing the order from advancing if information is inaccurately provided. The services also offer a comprehensive view of items in your shopping cart prior to payment, allowing you to adjust your order details.

If you notice any discrepancies in your order after making the payment, please contact our customer service immediately for resolution.

While Aye Chic strives to provide precise product and pricing information, occasional errors in pricing or typography may occur. The actual price of an item is only confirmed upon order placement. In the event of inaccurately priced or incorrectly detailed items due to errors in pricing or product information, Aye Chic reserves the right, at our discretion, to decline or cancel any orders for such items. If an item is mispriced, we may, at our discretion, reach out to you for guidance or cancel your order, notifying you of the cancellation.

5.TRADE RULES

5.1 Price and Payment. Prices do not include Sales & Use Tax and other applicable taxes, which will be billed separately at the relevant rates. The prices provided are accurate at the time of inputting the information into the system. In the event that we cannot fulfill your order, a refund for the value of the undelivered items will be issued to the original payment method.

Delivery charges are not included in the listed prices. The total order cost comprises the product prices, delivery charges, as well as Sales & Use Tax and any other applicable taxes.

Prices are subject to change at any time; however, unless otherwise specified, such changes will not impact orders for which we have issued an Order Confirmation.

Once you've chosen all the items you want to purchase, they will be added to your shopping cart. The subsequent step involves proceeding to process your order and completing the payment. In order to do so, you'll need to follow the steps outlined in the purchase process, providing or verifying the necessary information at each stage. Additionally, you have the flexibility to modify the details of your order before making the payment. The Shopping Guide offers a comprehensive overview of the purchase process. Registered users can access a record of all their placed orders in the "My Account" section. Accepted payment methods include Visa, Mastercard, American Express, Apple Pay, Google Pay, and Paypal.

In order to enhance security and prevent unauthorized access, we encrypt your credit card details. Upon receiving your order, we initiate a pre-authorization on your card to verify the availability of sufficient funds for the transaction. The actual charge on your card will occur when your order is dispatched from our warehouse.

By clicking "Authorize Payment," you affirm that the credit card belongs to you. Credit card verification and authorization are subject to approval by the issuing entity. In the event that the entity does not authorize the payment, we are not responsible for any delays or delivery failures, and we cannot proceed with any contractual agreements with you.

5.2 Colors. We have endeavored to represent the colors of our products on the Services as accurately as possible. Nevertheless, the actual colors you perceive may vary depending on your monitor, and we cannot ensure the precise accuracy of your monitor's display for any given color.

5.3 Packing. If not specified otherwise, we will adhere to the minimum packing standards for the chosen method of transportation. Any expenses related to special packing, loading, or bracing requested by you will be your responsibility.

5.4 Shipping & Delivery. Aye Chic ships from various warehouses across different countries, striving to ensure swift order deliveries. While our goal is to dispatch orders promptly, peak sale periods may occasionally result in extended delivery times. If your delivery has not been received within 60 business days, please reach out to our Customer Services for assistance.

5.5 Title and risk of loss. Delivery to the carrier will be considered as delivery to the buyer, and thereafter, the risk of loss or damage will be transferred to the buyer. Any claims regarding damage during shipping or delivery must be directly addressed to the carrier. Claims by the buyer against Aye Chic for shortages or damages occurring before such delivery to the carrier must be submitted within five (6) days after receiving the goods. These claims should be accompanied by the original transportation bill signed by the carrier, indicating that the carrier received the goods from Aye Chic in the claimed condition. Despite the transfer of the risk of loss to the buyer, the title and right of possession for the sold goods will remain with Aye Chic until all payments, including deferred payments represented by notes or otherwise, interest, and carrying charges, have been made in cash. The buyer agrees to perform all necessary actions to establish and maintain such right and title in favor of Aye Chic.

5.6 Return of product. Items are eligible for return within a specified timeframe. The specific return period and policy may vary from one country to another. For detailed information, kindly reach out to our customer service. Customers initiating returns are responsible for covering the shipping costs.

Items with incorrect sizes or quality issues are eligible for exchanges. In the case of defective products, if a defect or damage is verified upon return, a full refund, including both the initial delivery and return charges, will be issued. The refund will be processed through the original payment method.

The following items cannot be returned or exchanged: bodysuits, lingerie & sleepwear, swimwear.

5.7 Reviews, Comments and Submissions. Unless stated otherwise in this Agreement or on the Services, any content, including but not limited to pictures, videos, ideas, know-how, techniques, questions, reviews, comments, and suggestions ("Submissions") submitted or provided to ayechic.com will be considered non-confidential and nonproprietary. By submitting or posting, you agree to grant Aye Chic an irrevocable license for the entry and all associated intellectual property rights (excluding moral rights such as authorship rights) without charge. Aye Chic shall possess the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works, translate, modify, reverse-engineer, disassemble, or decompile such Submissions in any form or manner. All Submissions automatically become the exclusive property of Aye Chic, will not be returned, and you agree not to dispute any future use of the entry by Aye Chic.

You affirm that your submissions, whether in whole or in part, are unambiguous and do not infringe upon any intellectual property rights, provoke disputes, or elicit third-party claims. Aye Chic accepts no responsibility for any misappropriation of copyright or other rights of third parties by you. You commit to defending and indemnifying Aye Chic against any losses resulting from the utilization of the entries for any purposes.

In addition to the rights applicable to any submission, when you share comments or reviews on the Site or Apps, you also authorize Aye Chic to use the name you provide with any review, comment, or other content in connection with such submission. You affirm that you own or have control over all the rights to the reviews, comments, and other content you post on this site. You further declare that the use of your reviews, comments, or other content by Aye Chic will not infringe upon or violate the rights of any third party. It is prohibited to use a false email address, impersonate someone else, or mislead Aye Chic or third parties about the origin of any submissions or content. While Aye Chic retains the right, it is not obligated to remove or edit any submissions (including comments or reviews) for any reason.

Please note that individuals under the age of 18 are prohibited from posting images to our Services of themselves or others who are under the age of 18.

6.INTELLECTUAL PROPERTY AND OWNERSHIP

6.1 Content. The Site and Apps, inclusive of all information and content (referred to as "Content"), such as text, software, scripts, graphics, photos, sounds, music, videos, and interactive features, provided as part of the Services, always remain the property of Aye Chic or those who have granted us the license for their use. Your use of the Content is only permitted to the extent expressly authorized by us or the licensors of such usage.

6.2 Aye Chic Marks. Moreover, the trademarks, service marks, icons, graphics, wordmarks, designs, and logos collectively referred to as "Marks" within "Aye Chic" are the property of Ayechic Limited. "Aye Chic" and the associated Marks are trademarks in the United States and various other countries, with pending applications or issued registrations. You do not possess, nor will you gain, any right, title, or interest in or to any of the Marks. The presence of the Aye Chic Marks, whether displayed on any product available for purchase on the Site or the Apps or featured as a logo or text on any part of the Site, does not imply that Ayechic Limited owns any copyright or other intellectual property rights in the products offered for sale on the Site or the Apps. Ayechic Limited procures certain products from third-party manufacturers and wholesalers.

6.3 Rights Reserved. The content available on the Services is provided to you solely for informational purposes and may not be downloaded, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise used for any other purposes without the prior written consent of AyeChic or the respective owners or licensors. All rights not expressly granted in and to the content are reserved. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Services provided by you to us are non-confidential and shall become the exclusive property of Aye Chic.

You agree not to participate in the utilization, replication, or dissemination of any Content, except as expressly allowed herein. You also agree not to bypass, deactivate, or otherwise disrupt security-related features of the website or features that hinder or limit the usage or replication of any Content, or impose constraints on the use of the website or its Content.

7.THIRD PARTY LINKS AND RESOURCES

Our Site and Apps may contain links to third-party sites that are not owned or controlled by us.

We lack authority, disclaim responsibility, and neither endorse nor verify the content, privacy policies, or practices of any third-party sites or services. We offer no guarantees or assertions regarding the accuracy, completeness, or timeliness of content posted on the site by anyone other than us. We highly recommend reviewing all third-party terms, conditions, and privacy policies.

8.TEXT MESSAGING PROGRAM

8.1 Enrollment. By participating in our text messaging (SMS) program, you are required to explicitly give your consent. This can be indicated by providing your mobile telephone number, specific prompted keyword(s), or responding affirmatively via SMS/MMS or other text message methods. This serves as your signature, signifying agreement to receive recurring automated marketing messages from us or our vendors to the mobile number you provided during opt-in. It's important to note that such consent is not mandatory for making any purchase.

General Terms & Disputes. Your participation in our text messaging program is governed by these comprehensive Terms of Service, which include clauses dictating the resolution of claims between you and Shine Yee (refer to the Legal Disputes and Arbitration Agreement Section below). This involves an obligation to resolve disputes through arbitration. Subject to specific exceptions, you are required to submit any claims against us to binding arbitration unless you choose to opt-out as outlined in the Arbitration Section below.

8.2 Opting Out. To stop receiving SMS/MMS text messages, reply with "STOP" to any message from our texting program or send "STOP" to the number from which you're currently receiving our text messages. In either instance, you'll receive one additional message confirming the processing of your request.

8.3 Your Own Wireless Plan. Standard messaging and data rates may be applicable for both incoming and outgoing messages. If you have inquiries regarding your text or data plan, it is advisable to get in touch with your wireless provider.

8.4 Your Duties for Your Own Phone Number. You confirm that you are either the account holder or an authorized user of the mobile telephone number provided during enrollment in our text messaging program. Should you alter or deactivate this number, it is your responsibility to promptly inform us at [email protected]. We, along with our vendors and any mobile carrier, are not accountable for messages that are delayed or undelivered. By agreeing to these terms, you pledge to indemnify us against any and all claims, expenses, and damages resulting from, or connected with, your failure to notify us of a change in your telephone number, encompassing claims, expenses, and damages governed by the Telephone Consumer Protection Act.

8.5 Participation May Be Terminated or Modified. We reserve the right to suspend or terminate the delivery of automated marketing messages to you if we suspect a violation of these Terms. The receipt of such messages may also be terminated if your mobile telephone service is discontinued or lapses. We retain the right to modify or cease, either temporarily or permanently, any or all components of these messages, with or without prior notice to you.

8.6 Others. By opting in for Ayechic Limited's SMS marketing during the checkout process, making a purchase, or subscribing through our subscription tools, you are consenting to receive recurring text notifications (related to your order, including reminders for abandoned checkouts), promotional text offers, and transactional texts, including review requests, from us. This applies even if your mobile number is listed on any state or federal do-not-call list. Message frequency may vary. Consent is not mandatory for making a purchase.

If you no longer want to receive text marketing messages and notifications, respond with STOP to any mobile message you receive from us or utilize the unsubscribe link included in our messages. Please be aware that opting out through alternative methods or using different words will not be considered a valid means of opting out. While our service is free, you are responsible for any charges and fees related to text messaging imposed by your wireless provider. Standard message and data rates may apply.

If you have any inquiries, simply text HELP to the number from which you received the messages. Alternatively, you can reach out to us via email at [email protected]. for more information.

We reserve the right to change any telephone number or short code used for service operations at our discretion. Notification will be provided on such instances. You acknowledge that messages sent to a modified telephone number or short code, including any STOP or HELP requests, may not be received, and we disclaim liability for honoring requests made in such messages.

Subject to the extent allowed by applicable law, you acknowledge that we shall not be held responsible for any unsuccessful, delayed, or misdirected delivery of information transmitted through the service, any inaccuracies in such information, and/or any actions you may or may not undertake based on the information or service.

We value your privacy rights. Please refer to our Privacy Policy for details on the collection and utilization of your personal information.

9.LIABILITY FOR PURCHASED PRODUCTS, WAIVER, AND STATUTORY CONSUMER RIGHTS

9.1 Shine Yee Liability. Unless expressly stated otherwise in these conditions, our responsibility for any product purchased on our website will be strictly limited to the purchase price of that product. However, the aforementioned limitation or waiver of our liability will not apply in the following instances:

• in case of death or personal harm caused by our negligence;
• in case of fraud or fraudulent deceit; or
• in any case in which it was illegal or illicit to exclude, limit or attempt to exclude or limit our liability.

9.2 Waiver of Liability. Notwithstanding the paragraph above, and to the extent legally allowed, and unless these Terms indicate otherwise, we shall not accept any liability for the following losses, regardless of their origin:

• loss of income or sales;
• operating loss;
• loss of profits or contracts;
• loss of forecast savings;
• loss of data;
• loss of business or management time.

9.3 Warranties. Due to the inherent openness of the Services and the potential for errors in the storage and transmission of digital information, we cannot guarantee the accuracy and security of the information transmitted or obtained through the Services, unless explicitly stated otherwise on the Services. All product descriptions, information, and materials displayed on the Services are provided "as is," without any express or implied warranties or conditions, except those legally mandated. If you are contracting as a consumer or user, we are obligated to deliver goods that conform to the mutually intended transaction and meet commercially reasonable expectations, holding ourselves responsible for any lack of conformity present at the time of delivery. Goods are considered in conformity with the transaction or intended purchase if they: (i) adhere to the description provided by us and possess the qualities presented on this website; (ii) are suitable for the typical purposes of goods of this kind; (iii) exhibit the quality and performance normal for goods of the same type and reasonably expected. To the extent permitted by law, we disclaim all warranties and conditions (whether express or implied), except those that cannot be legitimately excluded.

10. Initial Dispute Resolution. Feel free to reach out to us via email at [email protected] if you have any questions or concerns about your use of our services. Many concerns can be efficiently resolved through this channel. Both parties commit to making every effort to resolve disputes, claims, questions, or disagreements through open communication and good-faith negotiations before considering legal action or arbitration.

11.1 Class Action and Class Arbitration Waiver. Both parties agree that any arbitration will occur in our individual capacities and not as part of a class action. We expressly renounce the right to file or seek relief through a class action. If a court or arbitrator deems the class action waiver in this paragraph null or unenforceable, or allows arbitration on a class basis, the entire arbitration provision above will be considered void. In such a case, both parties will be considered as not having agreed to arbitrate disputes.

11.2 Exception - Small Claims Court Claims. Notwithstanding your and our agreement to resolve all disputes through arbitration, either you or we may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

11.3 30-Day Right to Opt-Out. You retain the option to decline and not be subjected to the arbitration and class action waiver conditions detailed above. To exercise this right, kindly communicate your decision to opt-out by sending written notice via email to [email protected]. This notification must be dispatched within thirty (30) days from the date of your acceptance of the Terms & Conditions; otherwise, you will be obligated to resolve disputes through arbitration as per the stipulations in this section. Opting out of these arbitration provisions will also release us from any obligation to adhere to them.

11.5 Exclusive Venue for Litigation. If the arbitration provisions outlined above are not applicable or if you have chosen not to participate in arbitration, both you and we mutually agree that any legal disputes between you and us will be exclusively filed in state or federal courts situated in California (excluding small claims court actions that may be initiated in the county of your residence). Both parties expressly consent to the exclusive jurisdiction in California for any legal disputes other than those falling under small claims court jurisdiction. In the event of litigation related to the Terms & Conditions or the Services, you and we agree to waive, to the fullest extent permitted by law, any entitlement to a jury trial, except where a waiver of jury trial is not allowed under applicable law.

12.LEGAL TERMS

12.1 Terms-of-service (Terms of condition): These Terms of Service and any separate agreements whereby we provide you shall be governed by and construed in accordance with the laws of UK

12.2 Assignment. You cannot assign or transfer this Agreement (including any rights or obligations) without obtaining prior written consent. Any attempt to assign or transfer without complying with the aforementioned requirement will be considered void. We retain the right to freely assign or transfer this Agreement. The terms of this Agreement are applicable to and binding upon the parties, as well as their legal representatives, successors, and assigns.

12.3 Entire Agreement; No Waiver. These Terms, in conjunction with our Privacy & Cookie Policy and any additional legal notices posted on the Site or Apps, form the comprehensive agreement between you and us regarding the Services. This agreement prevails over all previous terms, agreements, discussions, and written or verbal communication pertaining to the Services. In the event that any provision of these Terms is deemed unenforceable, such determination shall not impact the validity of the remaining provisions, which will continue to be fully effective.

The absence of a waiver for any term in the Terms & Conditions does not imply a continuous waiver of that term or any other term. Our failure to enforce any right or provision under the Terms does not waive that particular right or provision.

12.4 Indemnification. You agree to release, indemnify, and defend Aye Chic and its subsidiaries, affiliates, related companies, suppliers, licensors, and partners, as well as the officers, directors, employees, agents, and representatives of each, from all third-party claims and costs (including reasonable attorneys’ fees) arising from or related to: (1) your utilization of the Services; (2) your behavior or interactions with other users of the Services; (3) your violation of these Terms. We will promptly notify you of any such claim and will provide you (at your expense) with reasonable assistance in handling the claim. You will permit us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to take over the exclusive defense of any matter otherwise subject to indemnification by you. In such a situation, you will no longer be obligated to defend us in that matter.

12.5 Interpretation. When construing or interpreting the Terms & Conditions, please note that the headings are provided for convenience only and should not be taken into consideration.

13 CONTACT US

Feel free to reach out with any inquiries or feedback regarding our privacy practices or these terms. Our Customer Service team is available at any time via email: [email protected].