Terms and Conditions

TERMS AND CONDITIONS

All information, products and services displayed on https://www.fiestaresortwear.com constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as listed below. Fiesta Resortwear (https://www.fiestaresortwear.com/) has the right to accept or reject your offer without assigning any reason thereof.

In order to use the website (https://www.fiestaresortwear.com/) belonging to Fiesta Resortwear, you (The User) have accepted the following terms and conditions given below. Fiesta Resortwear (https://www.fiestaresortwear.com/) reserves the right to add, delete, alter or modify these terms and conditions at any time. You (The User) are therefore advised to read carefully these terms and conditions every time you use the Fiesta Resortwear (https://www.fiestaresortwear.com/) (s) website

  1. Introduction:
  1. Your access to the Website is subject to these terms and conditions (“Terms”) set out hereinafter and the ‘Privacy Policy’, ‘Purchase Order Policy’, ‘Shipping and Delivery’, ‘Return and Exchanges’, ‘Payment Options’ or such other policies as may be introduced by Fiesta Resortwear (https://www.fiestaresortwear.com/) from time to time. These policies are said to change, Fiesta Resortwear (https://www.fiestaresortwear.com/) is in no way liable, responsible or accountable to update our clients of such updates to our policies. 
  1. Acceptance Of Terms:
  1. These Terms have come into effect immediately.
    Use of the Website is available only to persons who can form legally binding contracts under Indian laws. All persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 cannot use the Website. For example if your age is below 18 years or you are an un-discharged insolvent you are prohibited to use this Website or purchase any products from this Website or enter into any form of contract with Fiesta Resortwear (https://www.fiestaresortwear.com/). The Website is also not available to persons whose membership has been suspended or terminated by www,avyanaa.com for any reason whatsoever.
  2. By using the Website or purchasing products from the Website through any computer resource including but not limited to mobile or tablet devices, you agree that you have read and understood these Terms, various policies and signify your acceptance to be bound by them in entirety.
  3. Except where additional terms and conditions are provided which are product specific, these Terms shall supersede all previous representations, understandings, arrangements or agreements.                             3. Privacy Policy and Other Policies:
  1. By accessing the Website or sharing information on the Website, you permit Fiesta Resortwear (https://www.fiestaresortwear.com/) to use your information including personal or sensitive personal data/information (“Information”) as provided or may be provided to Fiesta Resortwear (https://www.fiestaresortwear.com/) and stored by the Website in electronic medium in connection with your visiting the Website or ordering products made available on the Website, etc. It is further clarified that the term 'Information' shall also include any information made available to us by you at the time of registration, buying or listing process, in the feedback area, blog area or through any e-mail feature or a written letter or form mailed or submitted to any of our stores and/or offices. We will protect your Information in accordance with our Privacy Policy.
  2. By accessing the Website or purchasing products from the Website through any computer resource including but not limited to mobile or tablet devices, you agree that you have read and understood the Privacy Policy, Shopping Policy, Terms and Conditions, Return Policy, and Product Order Policy. You further consent that the terms and contents of such Privacy Policy and all other policies listed on Fiesta Resortwear (https://www.fiestaresortwear.com/) are acceptable to you.
  3. In addition to the Terms and ‘Privacy Policy’, you shall also be bound by ‘Terms and Conditions’, ‘Purchase Order Policy’, ‘Return Policy, 'Shipping Policy' and ‘Payment Options’ or such other policies as may be introduced by Fiesta Resortwear (https://www.fiestaresortwear.com/) from time to time.
  4. Fiesta Resortwear (https://www.fiestaresortwear.com/) reserves the right to modify or update these Terms including any policy at any time without prior notice. Access to Website after any modification or revision of these Terms or any policy/policies shall also constitute your acceptance to be bound by such modified Terms or any policy/policies. If required by any Indian laws, the modified or revised Terms or any policy/policies shall be applicable to any products purchased prior to such modification or revision becoming effective.
  5. You acknowledge that these Terms, policy/policies including any modification(s) thereof constitute a valid contract between you and Fiesta Resortwear (https://www.fiestaresortwear.com/), even though it is in electronic form and is not physically signed by you and Fiesta Resortwear (https://www.fiestaresortwear.com/). Thus you acknowledge and agree that by mere use of the Website, you shall be contracting with Fiesta Resortwear (https://www.fiestaresortwear.com/) and these Terms and various policies will be binding upon you.
  6. If Indian courts, for any reason hold any of the condition of the Terms or policy/policies as invalid, void or unenforceable, to any extent or in any particular context, such condition of the Terms or policy/policies only shall be deemed to be severed/deleted only for such limited extent/context as determined by the Indian court provided however that, in such event these Terms or any policy shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by Indian laws, to the meaning and intention of the excluded condition of the Terms or policy/policies as determined by such Indian court and the validity and force of the remainder of this Agreement shall not be affected.
  7. Unless context otherwise require, all policies whether in force presently or introduced subsequently shall be deemed to be part of these Terms. In case of any conflict between Terms and any policy the provisions of such policy shall prevail.
  1. Access to Website:
  1. Website and/or any facilities made available on the Website, in whole or partially, may not be available from time to time for any reason including, without limitation, upgrading of the Website/technology, introduction of new product(s), computer resource repairs and Website maintenance, etc.
  2. In no event shall Fiesta Resortwear (https://www.fiestaresortwear.com/) be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
    1. use or the inability to use or delay in use of the Website;
    2. unauthorized access to or alteration of the user's transmissions or data;
    3. any other matter, including without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website;
    4. provision of or failure to provide access to Website or any information, products through the Website;
    5. non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or pursuant to directives from government authorities or for any reason beyond Fiesta Resortwear (https://www.fiestaresortwear.com/)’s control.
  3. Interruptions in the Website shall not serve as a basis to terminate your subscription, purchase order or demand in full or partial refund of any payment made or any reductions in future payments to be made.
  1. Changes to Website Contents:
  1. Fiesta Resortwear (https://www.fiestaresortwear.com/), its consultants, contracted parties, technology partners make no representations or warranties about the accuracy, reliability, suitability, timeliness, up-gradation and/or wholeness, of any content, graphics, images, information, software, text, audio, video, links or communications provided on or through the use of the Website or that the operation of the Website will be error free. While Fiesta Resortwear (https://www.fiestaresortwear.com/) uses reasonable efforts to keep the Website accessible and error free, but Fiesta Resortwear (https://www.fiestaresortwear.com/) cannot guarantee the same.
  2. Changes are periodically made to the Website, product(s) and to the price/information/contents of the Website. Fiesta Resortwear (https://www.fiestaresortwear.com/) and/or its respective suppliers may make improvements and/or changes in the Website, product(s) at any time without any prior intimation or any liability to anyone.
  3. By use of this website, You (the user) agree that Fiesta Resortwear (https://www.fiestaresortwear.com/) has made every effort to display the colour of our products that appear on the site as accurately as possible. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of colour will be accurate.
  4. The prices and availability of products are subject to change without prior notice at the sole discretion of Fiesta Resortwear (https://www.fiestaresortwear.com/)
  5. By use of Fiesta Resortwear (https://www.fiestaresortwear.com/) you understand that Fiesta Resortwear (https://www.fiestaresortwear.com/) sources content from various vendors and suppliers from all over the world, therefore you understand that Fiesta Resortwear (https://www.fiestaresortwear.com/) serves only in the limited capacity as a service provider, therefore by using this website you agree that  Fiesta Resortwear (https://www.fiestaresortwear.com/) will not be responsible for any damage suffered by users from use of the services on  Fiesta Resortwear (https://www.fiestaresortwear.com/).. This without limitation includes loss of revenue or data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act / omission of the vendor. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, negligence, defect, deletion, error, omission, interruption, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behaviour, or under any other cause of action.
  6. By use of Fiesta Resortwear (https://www.fiestaresortwear.com/) you understand that Fiesta Resortwear (https://www.fiestaresortwear.com/) serves in the capacity of an online marketplace, therefore all the images, videos and creative pictures sourced by Fiesta Resortwear (https://www.fiestaresortwear.com/) have been sourced from our wide range of  suppliers/manufactures/vendors/retailers, Fiesta Resortwear (https://www.fiestaresortwear.com/) does not own the copyrights to such creative content nor does Fiesta Resortwear (https://www.fiestaresortwear.com/) claim to do so in any way. You agree to hold Fiesta Resortwear (https://www.fiestaresortwear.com/) harmless in any circumstance that a copyright claim may arise. You agree to email or call Fiesta Resortwear (https://www.fiestaresortwear.com/) and inform us if the creative belongs to you, and not to the  suppliers/manufactures/vendors/retailers with which Fiesta Resortwear (https://www.fiestaresortwear.com/) transacts. You agree to provide Fiesta Resortwear (https://www.fiestaresortwear.com/) proof that the copyright belongs to you before we remove it from othe website (https://www.fiestaresortwear.com/). Fiesta Resortwear (https://www.fiestaresortwear.com/) shall not be held liable or responsible for any copyright claims , infringement claim, legal action or any loss incurred due to the use of the creative. Fiesta Resortwear (https://www.fiestaresortwear.com/) shall however agree to remove the creative if you (the user) is able to prove ownership. Fiesta Resortwear (https://www.fiestaresortwear.com/) may take up to 3 days to remove such creatives. You (the user) agree to hold Fiesta Resortwear (https://www.fiestaresortwear.com/) absolutely harmless if shall cases shall arise. 
  1. Indian Orders: From the Kurtis and Wedding wear section: Fiesta Resortwear (https://www.fiestaresortwear.com/) will only take "Full Responsibility to Ship" of your Order of Indian Garments (Indian Kurtis and Indian Wedding Wear), if the Order has been shipped to any of the major cities, where we used "Private Courier Companies" (eg. Blue Dart, FedEx, rst Flight,Pafex, DHL etc.) to ship your order. 
  2. User Account, Password, Security and Communication:
  1. Please ensure that the details provided to us during registration process for your user account or while placing an order as a guest are correct and complete. Fiesta Resortwear (https://www.fiestaresortwear.com/) cannot be held responsible for any error. 
  2. Registered users are requested to update any account information to enable us to serve you better.
  3. If you are registering as a business entity (i.e. limited company, partnership, limited liability partnership, trust, society, association of persons, etc.), you represent that you have the authority to bind such entity which you are representing with these Terms.
  4. You will not provide false information about you or anyone else (including, without limitation, when you are being asked on the Website to provide accurate information about your age), and you will not impersonate or appear to impersonate anyone else or otherwise misrepresent your affiliation with any person or entity.
  5. You are solely responsible for maintaining the confidentiality of the password and account details. You shall be fully responsible for all activities that occur through your account. Fiesta Resortwear (https://www.fiestaresortwear.com/) shall not be liable to any person for any loss or damage arising as a result of your failure to maintain confidentiality of your account details, password and even comply with these Terms.
  6. You will ensure to exit/sign off from your account at the end of each session.
  7. If you know or suspect that there has been an unauthorised use of your account or password you shall immediately notify Fiesta Resortwear (https://www.fiestaresortwear.com/).
  8. If Fiesta Resortwear (https://www.fiestaresortwear.com/)has a reason to believe that there was an unauthorised access of your account or misuse of the Website, we may, for security reasons either (i) request you to change your password or (ii) we may suspend your account without any liability to Fiesta Resortwear (https://www.fiestaresortwear.com/).You understand that Fiesta Resortwear (https://www.fiestaresortwear.com/) will never ask you to disclose or share your password. Please ignore any such e-mail or correspondence requesting disclosure of your password.
  9. You also agree and confirm as under:
    1. While registering yourself or while placing an order as a guest, you shall provide accurate, correct, complete and up to date information about yourself as requested over the Website. Please note that sale of product(s) to be rendered to you will be dependent upon the Information provided by you. Thus Fiesta Resortwear (https://www.fiestaresortwear.com/) will not be responsible if the information provided by you is inaccurate, false, incomplete or not up to date;
    2. Fiesta Resortwear (https://www.fiestaresortwear.com/) has the right to verify and confirm the Information provided by you at any time. If upon verification it is found that the Information shared with Fiesta Resortwear (https://www.fiestaresortwear.com/) either as a registered user or a guest, is inaccurate, false, incomplete or not up to date in accordance with the Terms, Fiesta Resortwear (https://www.fiestaresortwear.com/) reserves the right to:
    3. Where you are a registered user:
      1. Temporarily or indefinitely suspend or terminate your membership and refuse to provide you with access to the Website without any liability; and/or
      2. Reject your purchase order or stop delivery of the products, without any liability;
    4. Where you are a guest user:
      1. Reserves the right to reject your purchase order or refuse to deliver the products to the address provided by you without any liability;
  1. Review, Requests, Comments, Feedback, ETC.:
  1.  Request for cancellations or replacement of orders once placed on Fiesta Resortwear (https://www.fiestaresortwear.com/) shall not be entertained.
  2. Free shipping  is available only to domestic orders in India. However, please note that customs duty may apply to your order at the port of entry. Fiesta Resortwear (https://www.fiestaresortwear.com/) shall not be responsible for any customs duty payable by you to the government. 
  3. Fiesta Resortwear (https://www.fiestaresortwear.com/) reserves the right to refuse or cancel any order placed for a product that is listed at an incorrect price or for any other reason. This shall be regardless of whether the order has been confirmed and/or payment been received. The payment shall be refunded and the User shall be informed of the same.
  4. 8. If a non-delivery or late delivery occurs due to a mistake by the User (i.e. wrong or incomplete name or address or recipient not available)  Fiesta Resortwear (https://www.fiestaresortwear.com/) shall not be held responsible for the same.
  5. Fiesta Resortwear (https://www.fiestaresortwear.com/) will not be liable for any type or kind of credit card fraud. The liability to use a card fraudulently will be on the user and the onus to 'prove otherwise' shall be exclusively on the user. The User must exclusively use his/her own card on the site. Fiesta Resortwear (https://www.fiestaresortwear.com/) uses third party platforms and does not store any credit card details of its user.
  6. This agreement shall be construed in accordance with the applicable laws of India. The Courts in Mumbai shall have exclusive jurisdiction in any proceedings arising out of this agreement.
  7. If you post Views on the Website or send your Views by e-mail/letter, you agree:
    1. All Views shall remain property of Fiesta Resortwear (https://www.fiestaresortwear.com/) and Fiesta Resortwear (https://www.fiestaresortwear.com/) shall have irrevocable, perpetual and worldwide intellectual property rights in the Views. Thus Fiesta Resortwear (https://www.fiestaresortwear.com/) has exclusive, royalty-free and fully sub-licensable rights to commercially exploit the Views.
    2. Fiesta Resortwear (https://www.fiestaresortwear.com/) will be entitled to display, distribute, disclose, reproduce, modify, adapt, publish, translate, create derivative works from such Views throughout the world in any media for any purpose whatsoever, without any restriction and without any need to compensate you; and
    3. Fiesta Resortwear (https://www.fiestaresortwear.com/) and its associates, consultants, contracted parties have the right to use the name that you submit in connection with such Views, if deemed fit.
    4. You agree to waive your rights to be identified as the author of such Views;
  8. You represent and warrant that the Views submitted on the Website are your personal Views and do not violate any Indian laws or do not hurt any person or entity including that the Views are not defamatory.
  9. You agree to indemnify Fiesta Resortwear (https://www.fiestaresortwear.com/) and its associates, consultants, contracted parties, etc. for any claim against Fiesta Resortwear (https://www.fiestaresortwear.com/) or its associates due to posting of Views on the Website in breach of these (i) Terms or (ii) any of these representation or warranties or (iii) any applicable Indian laws.
  1. Your Obligations:
  1. You agree and accept, interalia, the following:
    1. You will abide by all intellectual property right notices, information, and restrictions contained in or associated with any of the products or the Website content;
    2. Any products sold by Fiesta Resortwear (https://www.fiestaresortwear.com/), its affiliates, any contractors, will be used by you for lawful purposes only and intended use of the products shall comply with all applicable Indian laws.
    3. You shall monitor and restrict use of Internet by minors including minor’s access to the Website. You accept full responsibility for any unauthorized use of the Website by the minors including use of your credit card(s), debit card(s) or other payment instrument (e.g. PayPal) by minors to place any orders on Website. For avoidance of doubt, a minor means person who has not completed 18 years of age.
  2. You agree and accept that, amongst others, you shall not, directly or indirectly:
    1. Breach any applicable Indian laws or these Terms while using the Website, purchasing any product through Website ;
    2. Access the Website using a false identity or on behalf of anyone else other than yourself.
    3. Portray Fiesta Resortwear (https://www.fiestaresortwear.com/), its vendors product(s) in an offensive, hateful, defamatory, inaccurate or false manner.
    4. Commit or omit to do anything which will adversely tarnish goodwill or reputation of Fiesta Resortwear (https://www.fiestaresortwear.com/), its associates, contracting parties, suppliers/designers, etc.;
    5. Gain or attempt to gain any unauthorised access to the Website or interfere with or attempt to interfere with any person’s use or enjoyment of the Website or any parts thereof or disrupt or attempt to disrupt in any way the operation of the Website or any parts thereof;
    6. Create or submit a submission including any View that is unlawful, grossly offensive, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any applicable Indian laws, rules, regulations or regulatory guidelines under the laws of India or that infringes or violates other parties' privacy rights or links to infringing or unauthorized content or pornographic content.
    7. Send on behalf of Fiesta Resortwear (https://www.fiestaresortwear.com/) or Avyanaa spam, chain-letters, pyramid schemes or any other unsolicited or unauthorized advertising or promotional materials to anyone including existing customers/designers of Fiesta Resortwear (https://www.fiestaresortwear.com/) or users of the Website;
    8. Harass, bully, stalk, harm, defame or disparage or otherwise cause mental or physical distress or injury to anyone, or engage in any other unlawful or objectionable conduct while using the Website, purchasing any product through the Website;
    9. Use software or applications such as bots, crawlers, spiders, offline readers or other automated systems to access or use the Website for illegitimate purpose or for gain or attempt to gain any unauthorised access to the Website or interfere with or attempt to interfere with any person’s use or enjoyment of the Website or any parts thereof or disrupt or attempt to disrupt the operation of the Website or any parts thereof. For avoidance of doubt, Fiesta Resortwear (https://www.fiestaresortwear.com/) reserves its right to prevent anyone from using such software or application even if these software or applications are harmless;
    10. Misrepresent or suggest, whether expressly or impliedly, about your association with Fiesta Resortwear (https://www.fiestaresortwear.com/) as anything other than the user of Website or purchaser of Fiesta Resortwear (https://www.fiestaresortwear.com/) product(s);
    11. Transmit any material that contains adware, malware, spyware, software viruses (such as time-bombs, cancel-bots, worms, trojan horses), or any other computer code, files, or programs designed to interfere, disrupt, interrupt, destroy, or limit the functionality of the Website, any computer software or hardware or telecommunications equipment of Fiesta Resortwear (https://www.fiestaresortwear.com/);                                                                                                                                                                  10. Waiver:
  1. If you breach the Terms or any policy and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach the Terms or any policy.
  2. Fiesta Resortwear (https://www.fiestaresortwear.com/) shall not be deemed hereby to have given any authorisation or deemed to have waived any rights or remedies it may have in law or equity or under these Terms or under any policy, unless and only to the extent, it does so by a specific writing signed by a duly authorized officer of Fiesta Resortwear (https://www.fiestaresortwear.com/).
  1. Indemnity and Release:
  1. You shall indemnify and hold harmless Fiesta Resortwear (https://www.fiestaresortwear.com/), its subsidiaries, vendors, associates, consultants, contracted parties, etc., and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms or any policy/document incorporated by reference or your violation of any laws, rules, regulations or the rights of a third party.
  2. You hereby expressly release Fiesta Resortwear (https://www.fiestaresortwear.com/) and/or its associates, vendors,  and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of Fiesta Resortwear (https://www.fiestaresortwear.com/)'s vendors or suppliers, fashion designers, contractors, courier companies or other parties and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
  1. Force Majeure:
  1. Neither party will be held liable for any loss or failure to perform any obligation (other than your payment obligation where you are still receiving all or part of any products purchased under these Terms), due to events such as storms, tsunami, fire, floods, earthquake, outbreak of any contagious diseases, or any other acts of God or any governmental act or industrial dispute(s), strikes, labour unrest, civil commotion, riots, terrorist attack, war, poor environment/weather conditions, mechanical break-down, obstruction of any public or private road/highway, of any circumstances (other than insolvency of the party) beyond any party’s reasonable control (“Force Majeure event”).
  2. Party affected by Force Majeure event shall as soon as reasonably possibly send a written notice to the other party of occurrence of Force Majeure event. If the Force Majeure event continues for more than 3 months from the date of placement of purchase order for any product(s), either party may cancel the purchase order immediately by giving the other party a written notice of the termination of contract.
  3. In case of termination of contract/purchase order due to Force Majeure event , you further agree to make payment for the product(s) so delivered prior to occurrence or during the occurrence, if any of the Force Majeure event.
  1. Governing Law and Jurisdiction:
  1. Terms and any policy shall be governed by and construed in accordance with the laws of Republic of India.
  2. Any dispute or difference either in interpretation or otherwise, of any conditions of the Terms hereto, the same shall be referred to the courts in Mumbai, which shall have exclusive jurisdiction.
  1. Infringement of Intellectual Properties:
  1. The contents on the Website shall also contain information provided by Fiesta Resortwear (https://www.fiestaresortwear.com/) (s) suppliers, service providers, fashion designers, vendors or other parties whose merchandise Fiesta Resortwear (https://www.fiestaresortwear.com/) invites you to purchase. Generally Fiesta Resortwear (https://www.fiestaresortwear.com/) tries to verify the information coming from its suppliers, vendors, fashion designers, etc. before publishing it on the Website. However on certain occasions, Fiesta Resortwear (https://www.fiestaresortwear.com/) may have to take such information on face value and publish it without any further verification. Thus if any of the material is found to be objectionable or is found to have violated any intellectual property rights, the responsibility of this would be with Fiesta Resortwear (https://www.fiestaresortwear.com/)(s) suppliers, vendors, fashion designers, etc. who provide Fiesta Resortwear (https://www.fiestaresortwear.com/) with information as well as merchandise/ information and other details.
  2. Fiesta Resortwear (https://www.fiestaresortwear.com/) respects the intellectual property rights of others and expects its users to do the same. In particular, if you are an intellectual property owner and believe that any content on the Website infringes upon your intellectual property rights, you may contact us through the contact us page details given on Fiesta Resortwear (https://www.fiestaresortwear.com/) , do provide us the details of the  ‘Notice’ clause. with the following information in writing:
    1. A physical or digital signature of a person authorized to act on behalf of the owner of an intellectual property right that is allegedly infringed.
    2. A legibly scanned copy of the relevant registration certificate obtained from the relevant authority or evidence relating to the claim of your ownership in the intellectual property for which you (the complainant) seek to enforce against the allegedly infringing work(s).
    3. Identification of the intellectual property claimed to have been infringed, or, if multiple intellectual properties/works at a single online site is covered by a single notification, a representative list of such intellectual properties/work at that site.Fiesta Resortwear (https://www.fiestaresortwear.com/)
    4. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an e-mail is the best way to help us locate the content quickly.
    5. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address.
    6. A statement that the complaining party has a good faith in belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
    7. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  3. Before you file such a notification, please carefully consider whether or not the use of copyrighted material at issue is protected by the “fair use” doctrine, as you could be liable for costs and Attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether a use of your copyrighted material constitutes infringement, please contact an Attorney.
  1. Notices and Communication:
  1. Any notice to Fiesta Resortwear (https://www.fiestaresortwear.com/) under this Agreement may be delivered by electronic format. E-mail: support@fiestaresortwear.com
  2. Fiesta Resortwear (https://www.fiestaresortwear.com/) shall send notices to you electronically to the e-mail address provided by you or may send a physical notice either by recognized courier service or prepaid post to the address provided by you. For avoidance of doubt, it is clarified that sending of notice by Fiesta Resortwear (https://www.fiestaresortwear.com/) either by e-mail or prepaid post/courier service shall be deemed to be valid and effective service of notice by Fiesta Resortwear (https://www.fiestaresortwear.com/).
  3. Without prejudice to clause 16(b) above, you will be required to provide a valid phone number while placing an order with us. Fiesta Resortwear (https://www.fiestaresortwear.com/) may communicate with you either by e-mail, short message services (SMS), phone calls or by posting notices on the Website or by any other mode of communication to fulfil your order. Thus for contractual purposes, you consent to receive communications including SMS, e-mail or phone calls from us with respect to your order or any offers or promotions.
  1. Miscellaneous:
  1. Fiesta Resortwear (https://www.fiestaresortwear.com/) requests you to abstain from referring Fiesta Resortwear (https://www.fiestaresortwear.com/) to your friends or relatives who do not wish to purchase our products.
  2. Fiesta Resortwear (https://www.fiestaresortwear.com/) requests you to abstain from providing wrong, invalid or fictitious e-mail address and thereby cause Fiesta Resortwear (https://www.fiestaresortwear.com/) send invitations to wrong recipients. You agree to indemnify Fiesta Resortwear (https://www.fiestaresortwear.com/) for any harassment claim made against Fiesta Resortwear (https://www.fiestaresortwear.com/) due to such wrong, invalid or fictitious e-mail addresses provided by you.
  3. In addition to the Terms and various policies, Fiesta Resortwear (https://www.fiestaresortwear.com/) reserves to set out separate terms and conditions for any gift vouchers, offers or discounts offered by Fiesta Resortwear (https://www.fiestaresortwear.com/) on any of its product(s).
  4. In case of a conflict in the Terms, the decision of Fiesta Resortwear (https://www.fiestaresortwear.com/) shall be final and concluding, and you irrevocably withdraw your right to make any claim or demur on this ground.
  5. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer resource or loss of data that results from the download of such material and/or data.
  6. In case of any grievances with respect to (i) the Website or any contents of the Website please contact us by sending e-mail to support@fiestaresortwear.com; with your contact details and a exact description of the problem at hand.