Terms & Conditions

Last updated: February 24, 2023

Overview

Welcome to Alia® Clothing, Bag, Pants, Ladies Pants, Trousers (the “Site”). This Site is operated by Alia Fashions (“Alia”, “we” or “us”). These Terms of Use (the “Terms”) govern your access to and use of the Site and our mobile application (the “App”), including any content, functionality, products and services offered on or through the Site or the App.

Please read these Terms carefully before using the Site or App. By accessing or using the Site or App, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree to these Terms, you may not access or use the Site or App.

These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials, and limit your rights to obtain relief or damages through class actions.

Eligibility and Registration

You must be at least 18 years of age to use the Site and App. If you are under 18 years of age, you may use the Site and App only with the consent and under the supervision of your parent or legal guardian.

To access certain features and services offered on or through the Site or App, you may be required to register and create an account. When you register, you agree to provide accurate and complete information about yourself, and to promptly update any information provided so that it remains accurate and complete.

As part of the registration process, you will be asked to create a username and password. You are solely responsible for maintaining the confidentiality of your username and password, and you are solely responsible for any and all use of your account. You agree to immediately notify Alia of any unauthorized use of your account or any breach of security.

By registering, you consent to receive transactional and informational emails from Alia. You can opt-out of receiving emails at any time by clicking the “unsubscribe” link found at the bottom of every Alia email.

Products and Pricing

We make every effort to display our products and prices accurately on the Site and App. However, we do not guarantee that the price or availability of any product listed on the Site or App will be accurate at all times.

Product prices and availability may change without notice. The prices displayed on the Site or App are the full retail prices, inclusive of all taxes and duties. Prices shown do not include delivery charges, which will be added at checkout.

We reserve the right to limit quantities purchased per person, per household or per order. We also reserve the right to discontinue any product at any time without notice.

While we try to be as accurate as possible, some information on the Site or App may contain typographical errors, inaccuracies or omissions related to product descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions at any time without prior notice.

Promotions and Discounts

Alia may offer various promotions and discounts from time to time. Promotion codes and other discounts cannot be combined or stacked unless expressly stated.

Alia reserves the right to modify, end or cancel any promotion at any time without notice. Discounts and promotions only apply to select items, and all other terms and conditions of a promotion apply. Promotional prices do not include taxes, fees or shipping charges unless stated otherwise.

Expired promotion codes will not be honored. Promotion codes have no cash value, are not valid for resale, and cannot be transferred or sold.

Mobile App

We offer a mobile app that allows you to access certain features and services offered on the Site. You can download the App from Apple’s App Store or Google Play.

To use the App, you must have a compatible mobile device and internet access. We do not guarantee that the App will be compatible with your device.

The following terms apply specifically to any App accessed through or downloaded from the Apple App Store:

These Terms apply to your use of the App. The App Store Seller is solely responsible for the App and its content.
These Terms are between you and Alia only, not with Apple. Apple has no responsibility for the App.
Apple is not providing any warranty for the App. Alia is solely responsible for any App warranties, whether express or implied by law.
Apple is not responsible for addressing any claims you have related to the App.
If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price.
To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
Apple is not responsible for any claim related to the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar laws.
Apple is not responsible for intellectual property claims arising from your use of the App.
You represent and warrant that you are not located in a country subject to a US government embargo or designated as a terrorist-supporting country by the US government.
You must comply with all third party terms applicable to your use of the App (e.g. your wireless data service agreement).
Apple and its subsidiaries are third party beneficiaries of these Terms and can enforce them against you.
There is no formal dispute resolution process available for any complaint related to the App.

User Content

If you post, upload, submit or otherwise make available any text, images, audio, video or other content (“User Content”) on or through the Site or App, you hereby grant Alia a worldwide, non-exclusive, royalty-free, fully sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content.

You represent and warrant that: (i) you own or control all rights in and to the User Content and have the right to grant the license granted above; and (ii) all of your User Content complies with these Terms.

You understand that all information publicly posted is the sole responsibility of the person from which the content originated. Alia will not be liable for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available on or through the Site or App. Alia may remove any User Content at any time for any reason in our sole discretion.

Intellectual Property

The content on the Site and App, including without limitation the text, documents, descriptions, graphics, images, videos, interfaces and materials (collectively, the “Materials”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Alia, and are protected by copyright, trademark and other applicable intellectual property rights and laws.

Alia hereby grants you a limited, non-exclusive, non-sublicensable, revocable license to access and use the Materials and Marks for your personal, non-commercial use in connection with using the Site and App. This license is revocable by Alia at any time in its sole discretion without notice.

Except as expressly permitted in these Terms, you may not reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise use or exploit the Materials and Marks in any way for any purpose. You may not modify, reverse engineer, decompile or disassemble any software, APIs, tools or other aspects of the Site or App.

The Alia name and logo are trademarks of Alia Fashions, and may not be copied, imitated or used without prior written permission. Other trademarks, service marks, graphics, logos and domain names appearing on the Site or App may belong to Alia or third parties. You may not use or interfere with any trademarks, service marks, logos, copyrights or other proprietary rights of Alia or third parties.

Prohibited Conduct

You agree not to engage in any of the following prohibited conduct:

Copying, distributing, or disclosing any part of the Site or App in any medium, including without limitation by any automated or non-automated “scraping”;
Using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site or App in a manner that sends more request messages to our servers than a human can reasonably produce;
Transmitting spam, chain letters, or other unsolicited email;
Attempting to interfere with, compromise the system integrity or security, decipher any transmissions, or otherwise hack or circumvent any security measures;
Attempting to probe, scan, or test the vulnerability of any system or network;
Breaching or otherwise circumventing any security or authentication measures;
Interfering with or disrupting any network, equipment, or server connected to or used to provide the Site or App;
Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
Forging headers or otherwise manipulating identifiers to disguise the origin of any content transmitted;
Transmitting any content that is illegal, abusive, threatening, harmful, tortious, defamatory, libelous, vulgar, obscene, offensive, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
Transmitting any content that you do not have a right to make available;
Transmitting any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights;
Transmitting any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
Transmitting any content that contains software viruses, worms, trojan horses, harmful code and/or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware;
Using the Site or App to advertise or offer to sell any goods or services for any commercial purpose without our express written consent;
Disrupting the normal flow of dialogue, or otherwise acting in a manner that negatively affects other users’ ability to engage in exchanges;
Interfering with or disrupting the Site or App, servers, or networks connected to the Site or App;
Violating any applicable local, state, national, or international law or regulation;
Collecting or storing personal data about other users of the Site or App;
Impersonating any person or entity, falsely claiming an affiliation with any person or entity, or accessing the accounts of others without permission, forging another persons digital signature, or performing any other fraudulent activity.
Promoting or providing instructional information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any act of cruelty to animals.

Alia may, in its sole discretion and without notice, monitor, suspend, restrict, or terminate your access and use of the Site or App at any time if you violate these Terms or engage in any prohibited conduct.

Third Party Content

The Site and App may contain links or connections to third party websites or services that are not owned or controlled by Alia. When you access third party content through the Site or App, you do so at your own risk.

Third party content is not under Alia’s control. We do not endorse or assume any responsibility for any third party content. If you access any third party website linked from the Site or App, you do so at your own risk and understand that these Terms and Alia’s Privacy Policy do not apply to your use of such sites. You expressly release Alia from any and all liability arising from your access, use or inability to access or use any third party website, service or content.

Warranty Disclaimers

THE SITE AND APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL DEFECTS. TO THE FULLEST EXTENT PERMITTED BY LAW, ALIA DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

ALIA MAKES NO WARRANTY OR REPRESENTATION ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE CONTENT AVAILABLE THROUGH THE SITE OR APP. ALIA DOES NOT WARRANT THAT THE SITE OR APP WILL OPERATE ERROR-FREE OR THAT THE SITE, APP, SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

Limitations of Liability

IN NO EVENT WILL ALIA BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR APP. THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL OR EQUITABLE THEORY.

IN NO EVENT WILL ALIA’S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR APP EXCEED $100.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You will defend, indemnify and hold harmless Alia and its officers, directors, employees, agents, subsidiaries, partners, contractors, affiliates, and licensees from any claim, liability, damages, losses, costs or expenses (including without limitation reasonable attorneys’ fees) that arise out of or relate to: (i) your breach or alleged breach of these Terms; (ii) your access, use or misuse of the Site or App; (iii) your violation of any applicable laws or infringement of any intellectual property or other right of any third party. Alia reserves the right, at your expense, to assume the exclusive defense and control of any matter which you are required to indemnify, and you agree to cooperate in that defense.

Dispute Resolution and Arbitration

Please read this section carefully as it limits your rights to obtain relief or damages through the court system.

Any dispute, claim or controversy (that is not resolved informally) between you and Alia arising under or relating to these Terms (“Claim”) shall be resolved exclusively through binding arbitration. Either party may demand arbitration in writing after a good faith effort to informally resolve the dispute.

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in effect at the time the Claim is filed (“AAA Rules”), as modified by these Terms. The AAA Rules are available here: www.adr.org.

The arbitration will be conducted by a single arbitrator selected pursuant to the AAA Rules, and will take place in Brooklyn, New York, unless you and Alia agree otherwise.
The arbitrator will have exclusive authority to resolve the Claim. The arbitrator’s decision and award will be final and binding on the parties.
You will only pay your share of AAA fees and arbitrator compensation to the extent required by AAA Rules. Alia will pay all other AAA filing, administrative, and arbitrator fees and expenses.
The arbitrator can award on an individual basis the same damages and relief available in court, including injunctive or declaratory relief as well as attorneys’ fees. However, the arbitrator may not conduct any form of class or collective arbitration.
For any claim where the potential award is $10,000 or less, you may choose whether the arbitration will be conducted: (1) based solely on documents submitted to the arbitrator; (2) through telephonic or video-conference hearing; or (3) by in-person hearing as established by AAA Rules.
Judgment on the award may be entered in any court with jurisdiction.
You and Alia both also agree that: (i) any arbitration will be kept confidential and private; (ii) you and Alia are waiving the right to a jury trial; (iii) you and Alia are waiving the right to participate in a class action lawsuit or class-wide arbitration; (iv) you and Alia are waiving any claims for punitive, special, indirect, incidental and consequential damages against the other party.

You or Alia may also bring an individual action in a small claims court with valid jurisdiction, provided the action remains in that court, is made on behalf of or against you only and does not seek any injunctive or declaratory relief.

Modification of Terms

Alia reserves the right, at our discretion, to modify these Terms at any time. Updated versions of the Terms will be posted on the Site with the “Last Updated” date at the top changed.

Please check these Terms periodically for changes. By continuing to access or use of the Site or App after any changes become effective, you agree to be bound by the revised Terms. If you do not agree to any change to these Terms, you must stop using the Site and App.

Governing Law

These Terms and your access to and use of the Site and App will be governed by and construed and enforced in accordance with the laws of New York, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration shall be resolved solely in the state or federal courts located in Brooklyn, New York.

Severability

If any provision of these Terms is found invalid or unenforceable by a court of competent jurisdiction, that provision will be severed from these Terms and the remainder of Terms will remain in full force and effect.

Termination

Alia reserves the right, without notice and at our sole discretion, to terminate your right to access or use the Site and App. We are not responsible for any loss or harm related to your inability to access the Site or App.

All provisions that by their nature should survive termination of these Terms shall survive (including all limitations on liability, releases, indemnification obligations, dispute resolution provisions, disclaimers of warranties, agreements to arbitrate, choices of law and judicial forum and intellectual property protections and licenses).

Contact Us

If you have any questions about these Terms, please contact us at:

Alia Fashions
123 Fashion Avenue
New York, NY 10001

Email: [email protected]