Terms & Conditions

At Fashion Brazil, we strive to make your shopping experience as seamless as possible. We understand that returns, exchanges, and refunds are important aspects of that experience, and we've simplified the process to ensure that your rights are clear and easy to follow.

1. Introduction
1.1 These Terms and Conditions ("Terms") govern the relationship between you and Fashion Brazil, including your access to and use of our website, products, services, and any content we provide. By accessing or using our website and services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, we ask that you refrain from using our Services.

1.2 We may update these Terms occasionally. Any changes will be posted on our website and will take effect immediately after publication. Please review these Terms periodically to stay informed.

1.3 By using our Services, you confirm that you are at least 18 years old or have obtained the explicit consent of a parent or legal guardian. You warrant that you have the legal capacity to enter into and be bound by these Terms.

1.4 These Terms incorporate all other policies linked on our website, including our Privacy Policy. By using our Services, you agree to adhere to these Terms and the policies referenced. 

2. Use of the Services
2.1 You are responsible for ensuring that anyone accessing our Services through your internet connection complies with these Terms.

2.2 You agree to use our Services in compliance with all applicable laws and regulations in your jurisdiction and not engage in any unlawful, harmful, or discriminatory activities or conduct that violates the rights of others.

2.3 You are responsible for maintaining the confidentiality of your login details. If you suspect unauthorized access or suspicious activity on your account, notify us immediately. Impersonating others, providing false information, or engaging in deceptive behavior may result in account suspension or termination.

2.4 By using our Services, you agree not to:

  • Engage in unlawful, obscene, harassing, or threatening conduct.
  • Share your login details with others.
  • Use automated tools (e.g., bots, scripts) to interact with the site without authorization.
  • Post or share inappropriate content.
  • Violate others' privacy or misuse personal data.
  • Engage in any activities that harm, disrupt, or interfere with the Services or other users.

2.5 By providing your contact details, you consent to receiving customer service updates, order confirmations, and promotional communications in line with our Privacy Policy. You can unsubscribe from marketing emails at any time by following the instructions in the email or contacting us directly. Please note that unsubscribing from marketing communications will not affect transactional emails related to your account or orders.

3. Privacy and Communications
3.1 When providing your details, you confirm that the information is accurate, up to date, and that you are the account holder or an authorized nominee of the contact details provided.

3.2 By providing your contact details, you consent to receiving communications from us during our business hours for purposes such as:

  • Customer service inquiries and order assistance.
  • Product offers and promotions.
  • Marketing and promotional materials via email, text messages, or other electronic means, in accordance with our Privacy Policy.

You may withdraw your consent to receive marketing communications at any time by opting out. Each marketing email or message will include an easy-to-use unsubscribe option, allowing you to opt out of future communications.

We manage your personal data in compliance with applicable privacy laws, including the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and the CAN-SPAM Act. You also retain the right to manage your communication preferences at any time by contacting us directly or following the provided unsubscribe instructions.

3.3 Order-Related Communications
By placing an order with us, you expressly consent to receiving electronic communications related to your order. These communications may include:

  • Order confirmations and updates.
  • Notifications about product recommendations or services that may interest you.

As these communications are transactional and essential to your order, they are exempt from restrictions under section 18(1) of the Unsolicited Electronic Messages Act 2007 (NZ). You acknowledge that withdrawing consent for marketing messages does not affect transactional communications related to your orders. For full disclosure please view our Privacy Policy page.

4. User Generated Content 
4.1 By posting, uploading, submitting, or making available any content (including text, images, videos, and other materials) to Fashion Brazil, such as sharing posts with specific hashtags (#) in line with our campaigns, reviews, comments, photos, or any other content (collectively, "User Content"), you grant Fashion Brazil, its affiliates, licensees, and successors a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, and fully sub-licensable right to use, reproduce, modify, adapt, publish, display, distribute, perform, and create derivative works from such content for any purpose, including but not limited to marketing, promotional, and commercial activities.

By submitting content, you agree that we can use it for marketing purposes without compensation, and you acknowledge that Fashion Brazil may use this content without providing any attribution to you.

4.2 By posting or submitting User Content to Fashion Brazil, you warrant that:

  • You own all intellectual property rights to the User Content and have the necessary authority to license it to Fashion Brazil.
  • The content does not infringe upon any third-party rights, including but not limited to intellectual property, defamation, privacy, or moral rights, and will not result in any payment obligations to third parties.
  • The content is accurate, truthful, complete, and not misleading.
  • The content does not violate the rights of others, including intellectual property, privacy, or data protection rights.
  • The content does not contain harmful elements, such as viruses, malware, or disruptive code.
  • The content complies with these Terms, applicable laws, and Fashion Brazil’s policies.
  • The content is free from offensive, obscene, defamatory, or illegal material.
  • The content does not promote harm or intimidation against individuals or groups.
  • The content does not violate anyone’s privacy rights, including the use of visual or audible representations of another person without their consent.
  • The content will not harm Fashion Brazil’s reputation or bring it into disrepute.
  • The content does not promote illegal or unlawful activities.

4.3 Fashion Brazil reserves the right, at its discretion, to pre-screen, monitor, edit, remove, or refuse to display User Content, but is under no obligation to do so. Fashion Brazil is not responsible for any User Content posted by you or other users and assumes no liability for any errors, defamation, falsehoods, or harmful content that may arise from such submissions.

4.4 You agree that Fashion Brazil may request you to remove, amend, or delete any User Content, and you will comply with such requests within 3-5 business days of receiving written notice.

4.5 You acknowledge that Fashion Brazil does not control or take responsibility for User Content submitted by you or other users, or for third-party content. Fashion Brazil is not liable for any mistakes, defamation, omissions, obscenity, or harmful content you may encounter. By submitting User Content, you agree to release Fashion Brazil and its affiliates, officers, employees, and agents from any claims or liability related to such content. You further acknowledge that User Content may be subject to copyright protection, whether or not it is identified as copyrighted.

5. User Accounts
5.1 To access certain features of our Services, you may need to register an account with Fashion Brazil. By registering, you agree to provide accurate and up-to-date information.

5.2 You are responsible for keeping your account details, including your password, secure and confidential. If you suspect any unauthorized access to your account, please notify us immediately. You are also responsible for all activities that occur under your account.

5.3 Any content you share, such as reviews, photos, or comments, may be visible to other users or visitors. Fashion Brazil is not responsible for how others use or access your content.

5.4 We may ask you to verify your identity or account details. You agree to provide accurate and up-to-date information to help us confirm your identity, which may include providing documents like a photo ID or business records. Any costs related to this process are your responsibility.

5.5 Fashion Brazil reserves the right to suspend or terminate your account, access to our services, or membership if we believe you have engaged in unlawful or harmful behavior, provided false information, violated any of our Terms of Service, or for any other reason we deem necessary.

6. Orders and Cancellations
6.1 Once you place an order, we will send you an email confirming that we have received it. Please note that this is not an acceptance of your order—just a confirmation that we’ve received it.

6.2 Your order is considered accepted when:

  • We’ve received your order,
  • You’ve paid in full (including taxes, duties, and shipping charges), and
  • We send you an order confirmation.

Orders are typically processed within 1-3 business days, unless stated otherwise.

6.3 By placing an order, you are offering to purchase the products at the price shown (including delivery and applicable charges).

6.4 Fashion Brazil reserves the right to:

  • Accept or reject your order due to product unavailability, pricing errors, or concerns of fraud,
  • Request ID verification (e.g., a photo ID) before processing your order,
  • Cancel your order at any time,
  • Limit the quantity of items per person or address.

If any of these actions occur, we will notify you via email and may suggest alternatives, remove items, or issue a refund. We are not liable for any resulting loss or damage.

6.5 Once an order is placed, it cannot be changed. However, if you encounter any issues, please contact us immediately, and we will do our best to assist you.

6.6 If you cancel an order, you may be liable for any loss or damage, including lost profits, to the extent permitted by law.

6.7 If your order is delayed, you can either wait, cancel, or choose an alternative. If we don’t hear from you in 2 business days, we’ll assume you’re happy to wait.

7.1 We aim to show accurate product images, but please note that actual product colours may vary depending on your device settings. Accessories shown in photos are not included unless specifically stated.

7.2 All products are subject to availability. If something’s out of stock or there’s an issue with your order, we’ll let you know and offer alternatives or a refund.

7.3 We reserve the right to update product prices, availability, and payment options at any time without notice. Changes will not affect orders that have already been placed.

7.4 Fabric Variations: We use a variety of fabrics, including Supplex Compress, for our products. While we strive for consistency, please note that fabric characteristics (such as texture, compression, and stretch) may vary slightly between production runs, even if the fabric is listed as the same (e.g., Supplex Compress). This means that a pair of leggings made from the same fabric in different seasons may feel or fit slightly differently. If you have specific concerns about fabric features or how a product may differ from previous purchases, we encourage you to contact us before making your purchase.

8. Prices and Payment
8.1. Prices on our website are shown in the currency selected and are inclusive of GST, unless otherwise stated. You can choose to view prices in any currency supported by us, but payments will be processed in NZD based on the exchange rate at the time of your purchase.

8.2. Shipping and delivery charges are not included in the product price and will be calculated separately at checkout.

8.3. Prices may change at any time, but changes will not affect orders that have already been placed.

8.4. You are responsible for any taxes, duties, or other charges imposed by local authorities when the products arrive in your country. These additional charges are your responsibility.

8.5 Full payment is required at the time of order, including the cost of products, shipping, and applicable taxes. Payments will be processed at the end of the checkout process. Please note that additional fees may apply, such as currency conversion charges or international payment fees, depending on your payment method or credit card issuer.
8.6. We accept payments through the methods specified on our website.
8.7. You must not attempt to pay for an order using fraudulent or unlawful means. If we suspect that your payment has been made fraudulently, we may cancel the order.

9. Returns 
9.1 Returns and defective products are covered by our Returns Policy. For detailed instructions on how to return an item, please refer to our Returns Policy on the website, which is clearly accessible for your convenience.

10. Store Credit, E-Gift Cards, and Vouchers 
10.1 Store credit is added to your account on our online store. Please make sure you have an account with us so we can apply the credit to your profile.

10.2 Eletronic Gift Cards ( E-Gift Cards) 
E-Gift cards, which cannot be returned or redeemed for cash. For full terms and conditions, visit our e-gift card policy page.

10.3 Gift Vouchers
We proudly support local organizations by providing vouchers for events such as fundraisers. Please note that these vouchers differ from store credit or gift cards.

To redeem a voucher:

  1. Create an Account: Ensure you have an account with us.
  2. Validate Your Voucher: Email us the voucher details using the same email address linked to your account. We’ll validate it for you.

Voucher Validity: Vouchers are valid for two weeks from the issue date. Please ensure you claim them by contacting us within this timeframe.

11. Delivery and Shipping
11.1 Shipping and delivery are handled according to our Shipping & Returns Policy. Please refer to this policy for details on shipping methods, delivery times, and fees.

11.2 Delivery Occurs When
You or your nominated carrier take possession of the product from Fashion Brazil. Or, we deliver the product to your address (even if you're not there to receive it).

11.3 Failure to Accept Delivery
If you're unavailable to accept delivery, Fashion Brazil may charge a reasonable fee for redelivery or storage.

11.4 Delivery Dates
Delivery dates are estimates. While we strive to deliver on time, Fashion Brazil isn’t responsible for delays. International orders may take longer due to customs processing. If your order is delayed, contact us, and we’ll look into it.

12. Risk and Title
12.1 Once your order is dispatched and handed over to the courier service, responsibility for the product, including the risk of loss or damage, is transferred to the courier and then to you.

Delivery: Ownership of the product passes to you upon delivery. To ensure a smooth delivery experience, please provide a secure and accessible address. If you have any concerns about the delivery process or the courier service, we’re here to help—feel free to reach out to us.

13. Promotions, Discounts, and Final Sale
13.1 Fashion Brazil may occasionally offer promotional codes or discounts. These promotions will have specific terms and conditions, including start and end dates, minimum purchase requirements, and product exclusions.

13.2 Unless explicitly stated, promotional offers—including store-wide discounts, final sales, package deals, discount codes, and giveaways—cannot be combined with other offers (e.g., a "$30 Discount" code cannot be used during a "30% Off" Sale). Promotional and discount codes, as well as giveaway offers:

  • Are non-transferable.
  • Cannot be redeemed for cash.
  • Must be applied at checkout.

13.3 Items discounted by 30% or more are considered Final Sale and cannot be returned, exchanged, or refunded unless they are faulty. Please carefully review your selections before purchasing, as these items are not eligible for returns or exchanges once purchased.

13.4 Fashion Brazil reserves the right to modify, terminate, or cancel any promotional offer at any time without prior notice. This includes canceling any order where a promotional discount or code has been applied in error or used contrary to its terms and conditions.

14. Termination
14.1 Fashion Brazil may:

  • Cancel all or part of any order, or suspend/terminate the service provided to you if you fail to meet your obligations under these Terms.
  • End these Terms and Services at any time, and we’ll either complete, cancel, or refund your order as we see fit.
  • Suspend your access to our website, either partially or entirely.

14.2 If we cancel an order and you have not breached these Terms, we will refund you the full price for any goods not delivered. However, Fashion Brazil is not liable for any further loss or damage caused.

15. Intellectual Property
15.1 Ownership of Content
All content on our website, including but not limited to text, images, logos, graphics, designs, and photographs, is owned by or licensed to Fashion Brazil. This content is protected by copyright and other intellectual property laws worldwide. All rights to such content are reserved by Fashion Brazil. This includes the design, structure, selection, coordination, expression, "look and feel," and arrangement of such content. We also retain rights to trademarks, patents, and other intellectual property related to the services we provide.

15.2 Intellectual Property License
We grant you a limited, non-exclusive, non-transferable license to access and use the content on our website solely for personal, non-commercial use. This permission can be revoked by us at any time.

You may view and interact with the content for personal enjoyment, but you are prohibited from:

  • Downloading, copying, reproducing, republishing, uploading, posting, transmitting, or sharing any content (e.g., text, images, videos, or designs) from our website without our written permission.
  • Modifying, creating derivative works from, or altering any content on our website.
  • Using any content from our website in a manner that competes with Fashion Brazil or could create confusion about our brand.
  • Using our content for commercial purposes, including reselling or sharing it on social media, other websites, or third-party platforms to sell products (e.g., using our images to promote or sell similar items elsewhere).

We reserve the right to revoke this permission at any time without notice.

15.3 No Transfer of Rights
Unless explicitly stated in these Terms, nothing in these Terms grants you any rights to Fashion Brazil's intellectual property, either by implication, estoppel, or otherwise. Fashion Brazil reserves all rights not expressly granted in these Terms.

15.4 Intellectual Property Infringement
By using our services, you acknowledge that Fashion Brazil's intellectual property is protected worldwide. If you or anyone else attempts to copy, reproduce, or distribute our content without proper authorization, we will take appropriate legal action, including filing complaints with relevant authorities or pursuing legal remedies in the jurisdiction where the infringement occurs.

16. Privacy and Data Protection
16.1 Privacy Policy
Your use of our Services is governed by our Privacy Policy, which explains how we collect, use, store, and protect your personal data. We are committed to ensuring that your privacy is respected and protected in accordance with applicable laws and regulations.

16.2 Policy Updates
We may update our Privacy Policy from time to time to reflect changes in our practices, services, or legal obligations. We recommend that you review it regularly to stay informed of any updates.

16.3 Consent to Marketing Communications
By using our Services, you consent to receive marketing and promotional emails from us in accordance with the terms of our Privacy Policy. You may withdraw your consent at any time by following the unsubscribe instructions included in our emails or by contacting us directly.

17. Third-Party Websites and Link
17.1 Our website may have links to third-party websites. We don’t control or take responsibility for these sites or their content, practices, or privacy policies

18. Limitation of Liability
18.1 Scope of Limitation
To the fullest extent permitted by law, Fashion Brazil shall not be liable for:

  • Your inability to use our website or services, unless required by applicable consumer protection laws.
  • Errors, inaccuracies, or omissions on our website.
  • Delays in delivery or performance due to circumstances beyond our control, including but not limited to natural disasters, strikes, or technical failures.
  • Unauthorised access to your account or data, except where required by applicable law.

18.2 Exceptions
This limitation does not exclude or limit liability for:

  • Death or personal injury caused by our negligence.
  • Fraud, fraudulent misrepresentation, or wilful misconduct.
  • Any other matter where liability cannot be excluded or limited by law.

18.3 Maximum Liability
Our total liability under these Terms is limited to the amount you paid for the product or service directly related to the claim, unless otherwise required by law.

19. Release and Indemnity
19.1 Indemnity
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Fashion Brazil, its affiliates, employees, agents, and licensors from any and all third-party claims, damages, losses, or expenses (including reasonable legal fees) arising directly or indirectly from:

  • Your use or misuse of our Services.
  • Violations of these Terms or applicable laws and regulations.
  • Claims related to your content, including but not limited to copyright infringement, intellectual property violations, or defamation.
  • Fraudulent, negligent, or unlawful activities involving our website or Services.
  • Any other actions that cause harm or damage to Fashion Brazil or third parties.

19.2 Release
You release Fashion Brazil from any and all liability, claims, or demands arising out of disputes with other users or third parties related to your use of our Services, except where liability cannot be excluded by law.

19.3 Ongoing Obligation
Your indemnity obligation survives termination of your account or these Terms. It remains in effect to protect us from legal claims or liabilities resulting from your use of our Services during the time these Terms were active.

20. Disclaimer of Warranty
20.1 "As Is" Basis
Fashion Brazil provides its website and Services “as is” and “as available,” without any express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or title, to the fullest extent permitted by law. We do not guarantee that our website or Services will meet your expectations, be error-free, uninterrupted, or secure.

20.2 User Responsibility
You acknowledge and agree that you use our website and Services at your own risk. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any content or services provided.

20.3 Right to Modify or Suspend
We reserve the right to modify, restrict access to, suspend, or withdraw any part of our website or Services at any time, without prior notice. Fashion Brazil will not be liable for any interruptions, delays, or changes to the availability or functionality of our website or Services.

20.4 Third-Party Content
Fashion Brazil disclaims responsibility for any third-party content, links, or services accessed through our website. Interactions with third-party websites or services are at your sole risk and subject to the terms and conditions of those third parties.

21. Entire Agreement of Warranty
21.1 These Terms, together with any linked policies, form the full agreement between you and Fashion Brazil.

21.2 If any part of these Terms is found to be unenforceable by law, it will be modified to reflect the original intent while complying with the law.

22. Changes to Terms and Corrections
22.1 Updates to Terms
We may update or modify these Terms at any time. Updated Terms will take effect immediately upon being posted on our website. Orders placed before an update will remain subject to the Terms in place at the time of the order.

22.2 Notification of Changes
While we will make reasonable efforts to notify users of significant updates (e.g., via email or a website announcement), it is your responsibility to review the Terms periodically. By continuing to use our website or Services after any updates, you agree to the revised Terms.

22.3 Corrections
Fashion Brazil reserves the right to correct any errors, inaccuracies, or omissions on our website, including those related to product descriptions, pricing, or availability. Such corrections may be made at any time without prior notice. However, corrections will not apply retroactively to completed transactions unless required by applicable law.

23. General 
23.1 Waiver
If we choose not to enforce any part of these Terms, it does not mean we waive our right to enforce it in the future.

23.2 Force Majeure
Fashion Brazil is not responsible for delays or service failures caused by events beyond our control, including but not limited to natural disasters, strikes, internet disruptions, technical failures, or government actions.

23.3 Invalidity
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full effect.

23.4 No Third-Party Beneficiaries
These Terms are exclusively between you and Fashion Brazil and do not grant rights to any third parties.

23.5 Survival of Provisions
Certain provisions, such as those relating to indemnity, limitation of liability, and governing law, will remain in effect even after you stop using our Services.

23.6 Dispute Resolution
In the event of a dispute, we will first attempt to resolve it amicably through mediation. If mediation fails, disputes may be resolved through arbitration under New Zealand law. Each party will bear its own costs unless otherwise agreed.

23.7 Cookies and Tracking
We use cookies and similar technologies to enhance your experience, provide personalized content, and improve our services. These technologies also help us analyze website traffic and understand how users interact with our site.

For details about the cookies we use, including third-party services like Google Analytics, and how they process your data, please refer to our Privacy Policy.

23.8 Accessibility
We are committed to making our website accessible to all users. If you experience difficulty accessing any part of our website, please contact us at hello@fashionbrazil.co.nz, and we will assist you promptly.

23.9 Jurisdiction and Governing Law
These Terms are governed by the laws of New Zealand. Any disputes must be resolved in New Zealand courts, and you agree to their exclusive jurisdiction.

If you access our Services from outside New Zealand, you agree that New Zealand law will govern your use of our website and services. It is your responsibility to ensure that your use complies with local laws, including those concerning consumer rights, privacy, taxes, and e-commerce regulations.

We strive to respect international laws and ensure compliance, but New Zealand law remains the final governing authority for resolving disputes related to these Terms.