Terms of Service
GENERAL TERMS AND CONDITIONS: THE FANCY ARCHIVE
These General Terms and Conditions govern the use of the Website www.thefancyarchive.com (hereinafter the “WEBSITE”). This WEBSITE and the commercial brand “The Fancy Archive” are propoerty of LM & MM Espacios En Internet, S.A. de C.V, a duly organized entity in Mexico (hereinafter “TFA STORE” and jointly with USER the “Parties” or individually the “Party”)
Terms of the Agreement. These Terms and Conditions, along with the Special Terms that may appply to services or special offers available represent the entire agreement between USER and TFA STORE and supersede inconsistent terms and conditions or any other prior agreement submitted by the USER to TFA STORE. TFA STORE EXPRESSLY CONDITIONS ITS OBLIGATION TO PERFORM ON USERS’S ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THE SPECIAL TERMS THAT MAY APPLY.
1. Use of the WEBSITE. USER can freely browse the TFA STORE Website and for certain activities you will be required to have an account. Creating an account is free and the signup process is set out on the WEBSITE. Please note that USER IS fully responsible and liable for the security of the account password and any/all use or misuse of the same. TFA STORE does not assume any responsibility and will not be liable, for any damages arising from or related to your failure to keep the password secure.
TFA STORE may alter, suspend, or discontinue the WEBSITE or its content at any time and for any reason or no reason, without notice. The WEBSITE may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons.
2. Copyright and Trademarks. All content included on the WEBSITE, such as text, graphics, logos and photos is the property of TFA STORE or its suppliers and collaborators and is protected by Mexican and international copyright laws. TFA STORE has all the applicable copyright licenses, permits and rights on the content of the WEBSITE. Nothing contained on this WEBSITE should be construed as granting any license or right to use the TFA Website or any materials displayed on it, through the use of framing or otherwise, except when specified and written approved by TFA STORE.
3. Links to Third Parties Websites. The WEBSITE may contain links to other websites that are not owned or controlled by TFA STORE, so TFA STORE is not responsible for the content of any linked websites. Any third-party websites or services accessed from the WEBSITE are subject to the terms and conditions of those websites. The presence on the WEBSITE of a link to any other website not operated by TFA STORE does not imply that we endorse or accept any responsibility for the content or use of such websites and/or that we are using their trademarks for any commercial purposes.
4. Sale contract. The sale contract between the USER and TFA STORE will take effect once the price of the merchandise has been covered and processed by the payment system within a period of no more than 3 (three) business days from the date on which the USER makes the payment and provides his data. Once the payment has been covered TFA STORE will send an email to the USER confirming their purchase and informing that the transaction has been completed.
5. Price. The prices specified in each product are final, in case that a discount applies it will be duly specified. These prices include Value Added Tax (VAT) and DO NOT include shipping costs which will be specified at the end of the transaction once the shipping address is provided and the desired option is chosen (express or standard shipping).
USER may use Visa, Mastercard, American Express and PayPal as a means of payment.
6. Sale Conditions.
- USER only buy products: (i) that are available for sale and whose details appear on the WEBSITE; (ii) with delivery within Mexican territory to the postal codes authorized by the logistics provider, (iii) without further marketing or profit ends by the USER.
- The products listed on the WEBSITE serve general information purposes on products marketed by this company and are offered on the page in the quantities available at the time the sales contract is perfected and with the characteristics of materials, sizes and colors visible on the WEBSITE.
- At the end of the sale, TFA STORE will carry out the process of confirmations and approvals of your order, which will be notified to the USER through a series of emails as follows: (i) confirming your order, (ii) confirming the reception of the payment and (iii) confirming the shipment of your order.
- To ensure your purchase, TFA STORE will reserve within its inventory the product or products that you acquire for a period of 3 (three) calendar days from the date the purchase is made through the WEBSITE, period in which TFA STORE will verify that your payment has been successfully processed. After the aforementioned period has elapsed and in the event that the purchase and sale of products has not been completed, these will no longer be reserved and will once again be available on the WEBSITE so that another USER may purchase them.
- TFA STORE may reject the processing of the order, or not be able to proceed with said processing, in the following cases: (i) when the USER's credit or debit card credit institution does not authorize the payment of the sale, ( ii) when the products are destined for resale or subsequent marketing, or (iii) any other situation that may prevent TFA from processing of the order.
- In the event that TFA STORE is not able to process the order for any reason attributable to TFA STORE and the payment has already been processed, TFA STORE will proceed to refund the amount paid by the USER within 10 (ten) business days or the time that the applicable banking institution takes.
TFA STORE process orders for shipping Monday - Saturday, excluding Sundays and holidays.
All orders received on weekdays after 4:00pm, on weekends or holidays will begin processing the following business day.
All orders placed Monday - Friday before 4:00 pm will begin processing the same business day.
All domestic TFA STORE packages are shipped via envia.com , TFA STORE offers different shipping options for deliveries within Mexico. Shipping discounts can be applied at checkout when the courier service is selected.
- Domestic Shipping Options and Rates
Please allow 24-48 hours after placing your order for processing.
USER can check tracking number included in the confirmation email sent by [email protected] .
USER can track its order´s location using the tracking number provided at the courier service selected at checkout WEBSITE
Issues in tracking order please contact us via email ( [email protected] ).
8. Exchanges and Returs
TFA STORE offers complimentary RETURNS on all Mexico ONLINE orders. Items purchased from WEBSITE which are not SALE or otherwise noted as FINAL SALE may be Returned if received within 10 days. Orders placed online via the WEBSITE are NOT applicable for exchanges, only FREE returns.
For any Returns of Online Orders please contact TFA STORE ( [email protected] ).
If the Return request is accepted, TFA STORE will return the funds via the payment platform and form originally selected to make payment.
Payments done via Stripe: The way your money is refunded depends Stripe´s policies. Stripe submits the refund to the bank immediately. Depending on the bank´s processing time, it can take anywhere from 5-10 business days to show in your bank account. If you are not seeing the refund after 10 business days, and you are still seeing the original charge in your bank statement, you should reach out to your bank for more information.
Payments done via PayPal: How and when your money is refunded depends on how you made the original payment and PayPal´s policies. If the payment was done via PayPal balance, please allow up to 24 hours to receive the refund. If the payment was done via Credit or Debit Card, please allow up to 30 days to see it reflected on your Card bank statement.
Payments made through gift cards or coupons: In the event that the payment has been with a gift card or a coupon, the refund will be in the same way and a new card or coupon will be generated so that the USER can use it in the store
TFA STORE will not accept a Return on merchandise that has been washed, worn, damaged after receipt or missing the original tags. Any product that is damaged upon receipt must be reported to Customer Service within 48 hours of delivery or return might not be approved ( [email protected] ).
Return approval is at the discretion of our operations team and TFA STORE reserves the right to deny any Return that does not comply with our policy. TFA STORE cannot be responsible for wear and tear and any changes that occur to an item, due to the nature of garment materials.
Denied returns will be shipped back to the customer. To ensure a positive experience for all of our clients, if we identify through electronic analysis an unreasonable return pattern, we may restrict or refuse future return transactions from such clients at TFA STORE or thefancyarchive.com.
The collection of the package can be scheduled directly to the address of origin of the generated tracking number from Monday to Friday from 9am to 7pm.
The client must contact directly TFA STORE ([email protected]) to generate the new tracking number and send it to the USER by mail. It will provide as well the dates and time for the package pickup.
Once the package is collected, the parcel will be returned to TFA STORE for the return of the payment.
TFA STORE offers EXCHANGES of in-store bought items. Items purchased in TFA STORE which are not SALE or otherwise noted as FINAL SALE may be Exchanged if received within 10 days of purchasing. TFA STORE does not offer any RETURNS of items purchased in our physical store: (Cerrada Monte Libano #8, Lomas de Chapultepec, Mexico City, Mexico CP 01100) .
- In-Store Exchanges Policy
TFA STORE will not accept an EXCHANGE on merchandise that has been washed, worn, damaged after receipt or missing the original tags. Any product that is damaged upon receipt must be reported to Customer Service within 48 hours of delivery or the Exchange might not be approved ( [email protected] ).
EXCHANGE approval is at the discretion of our operations team and TFA STORE reserves the right to deny any exchange that does not comply with our policy. TFA STORE cannot be responsible for wear and tear and any changes that occur to an item, due to the nature of garment materials. Denied Exchanges will be returned back to the customer. To ensure a positive experience for all of our clients, if we identify through electronic analysis an unreasonable return pattern, we may restrict or refuse future exchange transactions from such clients at TFA STORE or thefancyarchive.com.
9. Limitation of Liability. THE ABOVE-REFERENCED LIMITED PRODUCT WARRANTY IN CLAUSE 8 IS EXCLUSIVE AND IS GIVEN AND ACCEPTED IN LIEU OF ANY AND ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL OTHER REMEDIES. THESE ARE THE ONLY REMEDIES OF USER FOR ANY BREACH OF WARRANTY OR ANY OTHER CLAIM. TFA STORE TOTAL LIABILITY ARISING OUT OF THE SUPPLYING OR USE OF PRODUCTS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE SHALL NOT IN ANY CASE EXCEED THE COST OF THE GOODS SOLD FOR WHICH ANY CLAIM IS MADE. IN NO CASE SHALL TFA STORE BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES.
USER AGREES TO INDEMNIFY AND HOLD TFA STORE HARMLESS FROM ALL CLAIMS, DEMANDS, AND COSTS, INCLUDING REASONABLE ATTORNEY FEES, MADE BY THIRD PARTIES AGAINST TFA STORE RELATING TO USERS'S USE OF THE PRODUCTS OR THE WEBSITE, AND TO PAY ANY COSTS AND EXPENSES INCURRED BY TFA STORE TO ENFORCE USERS'S OBLIGATIONS.
10. Force Majeure. TFA STORE is not liable for any delay or failure to perform where, in TFA's sole judgment, such timely performance is commercially impracticable, or where such delay or failure to perform is caused by conditions beyond TFA STORE’s control, including without limitation, acts of God or force majeure, acts of governmental authorities, changes in applicable law, fire, flood, labor dispute, shortage, insurrection, war, or terrorism
11. Modifications. USER acknowledges and agrees that TFA STORE shall have the right to modify or amend in full or in part, at any time and without previous consent required by the USER or other party, these General Terms and Conditions.
12. Choice of Law. For any interpretation, fulfillment or enforcement of this Terms and Conditions, TFA STORE and USERr subject themselves to the jurisdiction of the competent Courts of Mexico City agreeing to apply Federal Mexican law, and hereby expressly waive any other jurisdiction or law that could apply to them due to their present or future domiciles.
14. Consumers’ Protection. USER acknowledges and accepts that these General Terms and Conditions are in accordance with the Consumers’ Protection Federal Act, its Regulations and related legal instruments.
14. Data protection. The personal data for which TFA STORE is responsible shall always be processed in accordance to the provisions and principles of the Mexican Data Protection Act (“Ley Federal de Datos Personales en Protección de Particulares”) and its Regulations. Leco takes all the necessary measures to protect your personal information. For more information please go to our Privacy Notice.
15. .Severability. If any provision of this Terms and Conditions is held to be invalid, illegal, unenforceable or in conflict with the applicable law, the validity, legality and enforceability of the remaining provisions shall not be in any way affected or impaired.
16. Contacts. For all inquiries, e-mail TFA STORE Customer Service at [email protected] or write to the following address: Cerrada Monte Libano #8, Lomas de Chapultepec, Mexico City, Mexico 01100.