Terms and Conditions
On Wowcracy we Wowcracy enable Fashion brands and designers to present their new Fashion projects . We curate the content creation of the best Fashion projects uploaded to the Site before publishing them. A Fashion project is composed by various material, such as videos, images, other media and materials covered by copyright protection (collectively, the â€œContentâ€�). A Fashion brand is able to upload and make accessible a fashion project on the Platform (â€œUploadâ€�). Fashion Brands are able to list to exclusively pre-sell . While a collection is on Wowcracy, you agree not to pre-sell, sell or otherwise market the same or similar collections through any other online or physical channels, unless agreed by a Wowcracy representative on a email or written notice. Each User, either Brand or not, is able to pre-order or participate to a project in various ways, uploading material, sharing the Content or interact with the Content on the Site.
From time to time we may modify, amend or reformulate this Terms and Conditions by posting changes or the updated version on our Site. By continuing using the Service after the update of this Agreement, you accept the changes contained in the new version. Please verify this Terms and Conditions periodically. We also retain the abilty to impose limits to parts of or the entire Service without notice when we believe is important for us.
The Service is offered to individuals who are at least 18 years old and above the legal age of your jurisdiction. It is your responsibility to warrant that if you are an individual, you are at least 18 years old and able to enter into a legal contract. You also guarantee that the information you use to register to the Service is accurate and truthful. We rightfully may ask for proof of identity and your account may be suspended until you provide all the necessary information. We may refuse to offer the Service to any person or entity. This provision is void where prohibited by law and the right to access the Service is revoked in those jurisdictions.
These Terms and Conditions are agreed between you and us and are not transferable or sublicensable except we consent to do so.
When You Register
We may decide to suspend or close an account if we believe that you provided us untruthful, inappropriate or inaccurate information about your identity. We can proceed to suspend or close an account without previous notification, at our own discretion. We may also decide to suspend or close your account if we notice that an account is misusing the Service. You are the sole responsible of your account, even when used by a third-party.
Rules We and You Respect
YYou may use the Service in accordance to the present Terms and Conditions and to the law of your territory. You are the sole responsible either if you or a third party uses the Service from your account. You agree to not infringe any property right, not Upload or otherwise share on the Site inaccurate content, not Upload or otherwise share on the Site material that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, obscene, fraudulent, tortious, offensive, profane, or invasive of another's privacy, not Upload or otherwise share on the Site material that is promotional or spam, not Upload or otherwise share on the Site infected material that can create damages or interferences to our IT systems. Designers who Upload a Collection agree to use personal information of Users who pre-ordered their collection only to the extent of fulfilling the orders or other uses specified by the Service.
Uploading and Pre-Selling a Collection
On Wowcracy Fashion brands can showcase and pre-sell their new fashion projects . By uploading a collection, you as the Fashion brand are enabling Users to participate and enter into an agreement with you. Wowcracy is not a party in that agreement. When you create a fashion project on Wowcracy you agree to act in good faith so to fulfill each item that will be pre-ordered the date you estimate for the delivery.
When you receive a pre-order you will receive the username or name of the User who pre-ordered and the amount and item from your collection that has been pre-ordered. You will receive the money related to the pre-order into your bank account within 7 days. You will also be responsible to directly fulfill the orders and we will share with you their shipping address . We will also facilitate the process of getting all the information required by you to deliver each pre-order (size, color,...). If you are unable to fulfill an order, unless it directly depends from a Userâ€™s or our fault, you are required to refund the entire amount the user paid to pre-order your product.
Payments from Users may occasionally fail. In such cases, we will do everything we can to fix the issue, but we are not able to guarantee the success of each payment. When successful, you will receive the proceeds of your collection minus the fees due for the Service we provide you and for the payment process. The fees may vary depending on different factors related to you, to the User who pre-order and to the agreement established between you and us. Wowcracy reserves the right to cancel a collection or a pre-order at any time and for any reason. Wowcracy is not liable for any consequence of those actions.
We do not guarantee any Brands that a fashion project will be posted on the Site when uploaded. We will review the material you upload and communicate you if and when the collection will be published. You, as the Fashion brand, shall be the sole liable party for any and all claim and damages referred to and/or originated by the Collection and the related products, supports and objects embodying the same.
Pre-Ordering a Collection
On Wowcracy as a User you can discover and pre-order new Fashion projects from selected Fashion brands. By pre-ordering an item from a fashion project on Wowcracy , you are entering into an agreement with the Fashion Brand Wowcracy is not a party in that agreement.
When you pre-order an item from a fashion project you agree to provide the payment information in order to complete the transaction. When you pre-order an item the transaction may not be canceled unless otherwise agreed with a Wowcracy designated representative. When you place a pre-order you will receive the final receipt of your payment.
Wowcracy reserves the right to cancel a fashion project or a pre-order at any time and for any reason. Wowcracy is not liable for any consequence of those actions. If your credit card has been charged and your pre-order is canceled, we will issue a refund to your credit card. The delivery date of each item you pre-order cannot be guaranteed, but it represents the best estimate theFashion brand will work for in order to ship the products that you pre-order.
Payment Terms, Shipping Fees and Additional Taxes
When you register to Wowcracy there are no charges. Not even when you upload a fashion project. We offer you services that require certain fees. We will present you the fees, giving you the opportunity to accept the services we provide. We may change fees for our services by posting the updated charges on the Site.
If you are a Fashion brand, you will be responsible to pay all fees and taxes due when you use the Service. When you pre-order through the Service, we will charge you as the payment operation will be completed. At that time the transaction will comprise the cost of the item pre-ordered and eventual shipping, handling or additional fees that will be indicated during the checkout process. Pre-orders are received through our payments partners. If issue arise from their side, Wowcracy is not responsible, but we will do everything we can to find a solution with you.
When you make a pre-order you warrant that the credit card information you provide is true and accurate.
In case the shipment of an order is upon us, depending on where we have to ship import taxes and duties may apply when you place the pre-order. In case a Fashion brand has to ship a pre-order, the Fashion brand has to clearly indicate the shipping fees. In case import taxes and duties apply, the Fashion brand and the User who pre-ordered have responsibility to find an agreement for those charges. Wowcracy is not liable for this.
Shipping Your Pre-Orders
If you are a Fashion brand, we may offer you the opportunity to ship the pre-orders you receive. The terms of the shipping will be agreed during the Upload phase of your collection. When the shipping is upon us, we will be sole responsible for the actual shipment of the product.
Refunds and Cancellations
EEvery Fashion brand on Wowcracy is the sole responsible to guarantee a refund, cancellation or exchange of an item pre-ordered on the platform. Every Fashion brand may cancel or refund an order at any time and for any reason. If this happens the Fashion brand is not required to fulfill any previous order. â€¨Wowcracy is not responsible to issue refunds. Transactions on the platform are intended to be between users and Fashion brands. Fashion brands can decide to issue refunds through Wowcracy if they realize they are not able to fulfill the project.
Contests We Run
On the Site we may run contests addressed to designers and users. When you apply, upload material or do any other action to present your candidacy to a contest, we may not guarantee your final participation to that contest. We take seriously every one of you who apply to participate and we respond to everyone within due dates in response of your application.
Our Service may link to or be linked from other resources on the internet. These Terms and Conditions do not apply to those resources and we are not have by definition any sort of connection with those resources, unless otherwise specified. We are not liable for anything that is caused by external third-party resources.
Intellectual Property of Our Service
The Wowcracy and its original content, features and functionality are owned by Wowcracy and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You can use the content of the Site only for your own personal use. You shall not modify, translate, decipher, reverse engineer, decompile, disassemble or create derivative works based on any software or documentation provided by the Service. Wowcracy is a mark of Wowcracy, you agree not to use or create the mark or a similar mark unless we consent to it.
Intellectual Property for Designers
By uploading a Collection on Wowcracy you agree that:
- We have the worldwide, non-exclusive, irrevocable, royalty-free, sublicensable, transferable right to use, edit, copy, modify and otherwise fully exploit the material you Upload and your logos, trademarks, slogans, and similar proprietary rights in ways we believe are useful for the Service in any media formats and through any media channels.
- other users can transmit, download, display, share and otherwise use what you Upload if related to the Service and for non-commercial purposes; for uses other than personal and non-commercial a written permission from the Company, or from the copyright holder, is required.
- we or others identified by us or not can publish or otherwise advertise what you Upload, your proprietary rights and other material related to you for marketing purposes of the Service.
- you may be publicly recognized by your name or brand name when the material you Upload is published on the Site.
- you are responsible for any dues or notification related to proprietary rights of the material or parts of it you Upload belonging to third-parties. You also guarantee us we will not infringe any third-party proprietary right on the material you Upload while operating according to these Terms and Conditions.
- You are the sole responsible for the material you Upload.
We may decide to terminate accounts that infringe property rights, at our own discretion.
Notify Us for Copyright Issues
If you believe a property right has been violated, please contact us at firstname.lastname@example.org. We take copyright protection very seriously and we will do everything to solve the situation. When you interact with other users using the Service, we are able to guarantee you their identity.
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. Any fees paid to the Company are non-refundable.
The Service has no representations or warranties, expressed or implied. Wowcracy does not warrant that the Service will be constantly available, or available at all, that will be secure and free of infectious features, that the communications or material uploaded will be confidential and that the content on this website is truthful, accurate or non-misleading. On the Site we do not provide advice of any kind.
You shall shall defend, hold harmless and indemnify Wowcracy, its directors, employees, content providers, consultants, agents, and affiliates, from any damage or failure involving the use of the Service or your breach of the Terms and Conditions.
Limitation of Liability
Wowcracy, its directors, employees, content providers, consultants, agents, and affiliates shall not be liable to you under the law of contract, torts or any other legal framework in relation to your use of the Service for any indirect, special or consequential loss or for any loss of revenue, income, profits, contracts, business relationships, reputation, goodwill or loss or corruption of information or data.
If the content we feature on the Site is illegal in your country, it is prohibited for you to access the Service. If you do so, it is under your sole responsibility.
This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of England, United Kingdom, without giving effect to any principles of conflicts of law.
If we cannot enforce these Terms and Conditions in a certain circumstance, we are still entitled to enforce them in case you breach any condition.
Updated: October 2013.