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LEGALS

TERMS AND CONDITIONS OF WEBSITE USE

 

www.myluxboutique.co.uk (‘‘Website’’) is a site owned and operated by Shopify and licensed to My Lux Boutique Limited, a company registered in England & Wales with company number: 09171082 whose registered office address is at C/o Wilkin Chapman LLP, PO Box 16, Town Hall Square, Grimsby, North East Lincolnshire, DN31 1HE (‘‘We’’ or ‘’Us’’),

 

These terms of use (together with the documents referred to in it) (“Terms of Use”) set out the terms on which you may make use of the Website whether as a guest or a registered user. Use of the Website includes accessing, browsing, or registering to use the Website. Click here for Terms of Use.

Please read these Terms of Use carefully before you start to use the Website, as these will apply to your use of the Website. We recommend that you print a copy of these Terms of Use for future reference. By using the Website, you confirm that you accept these Terms of Use and that you agree to comply with them. If you do not agree to these Terms of Use, you must not use the Website.

We may revise these Terms of Use at any time by amending this page. Please check this page from time to time to take notice of any changes We may have made, as they are binding on you.

We may update the Website from time to time, and may change the content at any time. However, please note that any of the content on the Website may be out of date at any given time, and We are under no obligation to update it.

We make no warranty, representation or guarantee that the Website, or any content on it, will be free from errors or omissions.

Other applicable terms

These Terms of Use refer to the following additional terms, which also apply to your use of the Website:

  • Click here for Privacy Policy, which sets out the terms on which We process any personal data We collect from you, or that you provide to Us. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate.
  • Click here for Acceptable Use Policy, which sets out the permitted uses and prohibited uses of the Website. When using the Website, you must comply with this Acceptable Use Policy.
  • Click here for Cookie Policy, which sets out information about the cookies on the Website.

 

  1. Accessing the Website

 

1.1 The Website is made available free of charge.

 

1.2 We do not guarantee that the Website, or any content on it, will always be available or be

     uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.

1.3                  You are responsible for making all arrangements necessary for you to have access to the                   Website. You are also responsible for ensuring that all persons who access the Website                   through your internet connection are aware of these Terms of Use and other applicable                   terms and conditions, and that they comply with them.

1.4                  The Website is directed to people residing in the United Kingdom. We do not represent that content available on or through the Website is appropriate or available in other locations. We may limit the availability of the Website or any service or product described on the Website to any person or geographic area at any time. If you choose to access the Website from outside the United Kingdom, you do so at your own risk.

  1. Our Service & Registering to Use the Website

 

2.1 The Website provides an online only market place which allows you to browse and to purchase the products listed by our chosen partners (each a “Partner”) on the Website.

 

2.2 In order to purchase products through the Website, you will need to register for an account with Us and agree to abide, without restriction, to these Terms of Use, Privacy Policy, Acceptable Use Policy and Cookie Policy. You must accept these Terms of Use when you register an account on the Website and each time you purchase products through the Website. If you do not accept any of the conditions laid out here you may not access the Website.

 

2.3 The use of the Website is limited to parties that can lawfully enter into contracts under the law of England and Wales.

 

2.4 During registration for an account on the Website you will be required to provide your email address. You warrant that this email address is not objectionable, obscene, discriminatory or inflammatory and does not infringe any third party’s rights, such as copyright, trade mark or goodwill.

 

2.5 You will be required to provide a password which will keep your account secure. You are at all times responsible for maintaining the security and secrecy of this information and should not under any circumstances give out this information to another party. You are solely responsible and you accept responsibility for any use of or action taken under your account. If your password is compromised you must change it immediately. We have the right to disable any password, whether chosen by you or allocated by Us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

 

2.6 You will be required to provide real information, including but not limited to your name, address, telephone number and email address, and you warrant that such information is true, correct and complete in all respects.

 

2.7 You must immediately notify Us if any of your information changes and you warrant that you will keep all of your personal information up-to-date and accurate. We reserve the right to reject any application for registration on the Website at our sole discretion if We feel that doing so would protect our interests, those of our users and those of the Website.

 

2.8 If you are in breach of any of the terms set out in these Terms of Use Acceptable Use or Privacy Policy laid out on the Website We reserve the right to terminate your account immediately and without notice.

 

2.9 We, our Partners and our employees may use the Website at their discretion and such use shall be governed by these Terms of Use.

 

2.10 You can terminate your account by contacting Us at info@myluxboutique.com. We may terminate your account if there has been no activity on your account for a period of 12 months from the date of the last transaction. We will not, upon termination of your account, refund any credit (if any) on your account to you.

 

  1. Formation of Contracts

 

3.1                  When purchasing products through the Website the resulting legal contract (“Contract”) is                   formed solely between you and the Partner who has listed the relevant product(s). We are                   neither directly involved in nor a party to any transaction or Contract concluded on the                   Website. The enforcement of any obligation resulting from the conclusion of any                   Contract is thus the sole responsibility of you and the relevant Partner who are the parties                   to that Contract.

3.2 Such Contract shall comprise of the applicable details on the product page and any particular terms and conditions of the relevant Partner in force from time to time (“Partner Terms”) and you agree to be bound by all such terms. It is your responsibility to familiarise yourself with the terms and conditions of the relevant partner applicable at the time you purchase the relevant product(s) from the Website.

 

3.3 The enforcement of any obligation resulting from the conclusion of any Contract is thus the sole responsibility of you and the relevant Partner who are the parties to that Contract.

3.4 In the event that a dispute occurs between you and the Partner, both parties are obliged to use their reasonable endeavours to resolve the dispute. Any complaints and/or questions with respect to a sale transaction should be directed to the Partner involved. We are not obliged to mediate between the parties to a Contract or execute fulfilment of any Contract.

 

3.5                  We do not give any warranty, representation or undertaking that the products you purchase                   from our Partners through the Website will be of satisfactory quality, fit for purpose or                   compliant with any other term whether expressly made between you and the relevant                   Partner or implied into contracts for the sale of such products pursuant to the Sale of Goods                   Act 1979 or any other applicable law in the United Kingdom. All warranties (whether                   express or implied) are disclaimed by Us absolutely to the fullest extent permitted by law.                   This disclaimer does not affect your statutory rights against the relevant Partner.

3.6                  We do not review or control, and are not responsible in any way for, listings provided by                   Partners and at no time do we possess any items offered for sale by our Partners through                   the Website.

  1. Orders

 

4.1 Each order you place shall be deemed to be an offer by you to purchase the products specified within it from the relevant Partner subject to the Partner’s Terms and the applicable details on the product page.

 

4.2 After you place an order you will receive an email acknowledgment (“Email Acknowledgment”) from Us. This Email Acknowledgement shall act only as confirmation that your order has been received through the Website and does not constitute either acceptance of your order or a guarantee that the product(s) ordered are available. Acceptance of all orders shall occur pursuant to clause 4.3.

 

4.3 Orders shall only be deemed to be accepted by a Partner when such Partner indicates to Us that the product(s) has been dispatched and we shall then email you to confirm that your order has been accepted by the Partner. (“Dispatch Confirmation”). The Contract between you and the relevant Partner will only be formed when the We send you a Dispatch Confirmation.

 

4.4 All orders shall be free to be either accepted or rejected at the discretion of the Partner.

 

4.5 If the Partner is unable to supply you with a product, for example because the product is not in stock or no longer available, We shall contact you via email to advise you that your order cannot be accepted on this occasion, will not be processed and will be deemed to have been rejected. We may also discuss with you an alternative solution, such as when the desired item may be next in stock.

 

  1. Price and Payment

 

5.1 The prices of the products will be as quoted on the Website at the time you submit your order. We take reasonable care to ensure that the prices of the products are correct at the time when the relevant information is communicated to Us by our Partner(s) and entered onto the Website.

 

5.2 Our site contains a large number of products. It is always possible that, despite our reasonable efforts, some of the products on the Website may be incorrectly priced. If We or our Partner(s) discover an error in the price of the products you have ordered We will contact you in writing to inform you of this error. You will then have the option of continuing to purchase the product at the correct price or cancelling your order. In this event, no Dispatch Confirmation will be issued by Us until We have received your instructions. If We are unable to contact you using the contact details you provided during the order process, the order will be treated as cancelled and We will notify you of this via email.

 

5.3 Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, the Partner does not have to provide the products to you at the incorrect (lower) price.

 

5.4 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.

 

5.5 The price of a product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date the Dispatch Confirmation sent by Us, We will adjust the VAT you pay, unless you have already paid for the products in full before the change in VAT takes effect. For the avoidance of doubt, the product price does not include any sales tax for non-EU countries.

 

5.6 Where the Product(s) are being dispatched from within mainland UK to a delivery destination in the UK, the price of a product shall include any costs of delivery which shall be the responsibility of our Partner(s), and delivery shall be made approximately 48 hours after you receive a Dispatch Confirmation from Us. For the avoidance of doubt, We shall have no liability to you whatsoever for any delay in delivery of the Product(s) or failure to perform delivery of the Product(s), caused by any reason outside our control.

 

5.7 When placing an order through the Website, you will be required to disclose your debit card or credit card details in order that We can process your payment on behalf of our relevant Partner(s). Payment for the products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until the relevant Partner has accepted your order and We have issued a Dispatch Confirmation to you.

 

5.8                  We may refuse to process any payment or suspend any order for any reason at our sole                   discretion. We will not be liable to you or to any third party by reason of such refusal or by                   suspension after processing has begun.

  1. Offers

 

6.1                  We may from time to time offer promotional discount codes or run special offers. These                   may apply in respect of any, or certain specified, purchases made through the Website.

6.2                  Discounts, promotions, vouchers or any other offers cannot be used in conjunction with one                   another. A promotional discount code is valued on one order per customer and excludes                   delivery charges and gift vouchers. A voucher code without a minimum spend infers a spend                   of an equal value to the voucher.

  1. International Delivery

7.1                  If you order products from the Website for delivery to a destination outside the UK,                   your order may be subject to extra delivery charges, import duties and taxes which are                   applied when the delivery reaches that destination. Please note that We have no                   control over these charges and We cannot predict their amount.

7.2                  You will be solely responsible for payment of any such import duties and taxes.                   Please                   contact your local customs office for further information before placing your order.

7.3                   You must comply with all applicable laws and regulations of the country for which the                   products are destined. We will not be liable or responsible if you break any such                   law.

  1. Returns & Refunds

8.1                  If you are a consumer, you have a legal right to cancel a Contract under the Consumer                   Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the                   period ending on the 14th day after the day on which you receive the product(s). This means                   that during the relevant period if you change your mind or decide for any other reason that                   you do not want to receive or keep a product, you can notify Us of your decision to cancel                   the Contract and receive a refund. Advice about your legal right to cancel the Contract is                   available from your local Citizens' Advice Bureau or Trading Standards office.

8.2                  If you wish to discuss or organise a return, exchange or refund of any item purchased                   through the Website, please contact Us in the first instance using the details provided on our                   Website. Any refunds or returns will be made in accordance with Our Returns Policy.

8.3                  You must notify Us within the 14 day period specified in clause 8.1 above if you require a                   refund                   from Us. Following such refund, you will then be issued with a receipt confirming                   that the price of the Product(s) has been returned to you.

  1. Use of Data

9.1. We are committed to protecting and respecting your privacy. Any personal data We collect from you or that you provide to Us will be processed in accordance with our Privacy Policy which you should read carefully prior to creating an account in order to understand our views and practices regarding your personal data and how We will treat it.

9.2. Information you provide on the Website may be disclosed to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.

9.3. We may disclose your data to third parties in the event that We sell or buy any business or assets, in which case We may disclose your data to the prospective buyer or seller of such business or assets; or if My Lux Boutique Limited or substantially all of its assets are acquired by a third party, in which case data held by it about its customers will be one of the transferred assets; or if We are under a duty to disclose or share your data in order to comply with any legal obligation, or in order to enforce or apply these Terms of Use, Acceptable Use Policy or other agreements; or to protect the rights, property, or safety of My Lux Boutique Limited, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

9.4. You have the right to access information held about you by Us in accordance with the Data Protection Act 1998 (the Act). Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information We hold about you.

  1. General Conduct and Behaviour

10.1. You must use the Website in accordance with our Acceptable Use Policy. Your use of the Website means that you accept and agree to abide by all the policies in our Acceptable Use Policy which supplement these Terms of Use.

10.2. You are responsible for all electronic communications and content sent from your computer, or communications centre.

10.3. You must not use the Website for any unlawful or fraudulent activity or for any unlawful or fraudulent purpose or effect.

10.4. You warrant and indemnify Us against any of your actions that would cause our services or Website to be interrupted, damaged or impaired.

10.5. You must not use our Website to send, knowingly receive, upload, download use or re-use any material which is illegal, defamatory, obscene, offensive, hateful or inflammatory or in breach of third parties’ privacy or intellectual property rights.

10.6. You must not transmit or procure the sending of any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

10.7. You must not knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

10.8. In the event that you notice any content or material that you believe may be in breach of these Terms of Use or our Acceptable Use Policy, please contact Us immediately. We will make reasonable endeavours to investigate and, if appropriate, remove the content or material complained about within a reasonable time.

  1. Intellectual Property Rights

11.1                  We are the licensee of all intellectual property rights in the Website and in the material                   published on it. Those works are protected by copyright laws and treaties around the world.                   All such rights are reserved.

11.2                  You may print off one copy, and may download extracts, of any page(s) from the                   Website for your personal use and you may draw the attention of others within your                   organisation to content posted on the Website.

11.3                  You must not modify the paper or digital copies of any materials you have printed off or                   downloaded in any way, and you must not use any illustrations, photographs, video or                   audio sequences or any graphics separately from any accompanying text.

11.4                  Our status (and that of any identified contributors) as the authors of content on the                   Website must always be acknowledged.

11.5                  You must not use any part of the content on the Website for commercial purposes without                   obtaining a licence to do so from Us or our licensors.

11.6                  If you print off, copy or download any part of the Website in breach of these Terms of                   Use, your right to use the Website will cease immediately and you must, at our option,                   return or destroy any copies of the materials you have made.

  1. Limitation of Liability

12.1                  Nothing in these Terms of Use excludes or limits our liability for death or personal                   injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any                   other liability that cannot be excluded or limited by English law.

12.2                  To the extent permitted by law, We exclude all conditions, warranties, representations or                   other terms which may apply to the Website or any content on it, whether express or                   implied.

12.3                  We will not be liable to any user for any loss or damage, whether in contract, tort                   (including negligence), breach of statutory duty, or otherwise, even if foreseeable,                   arising under or in connection with:

                  12.3.1                  use of, or inability to use, the Website; or

                  12.3.2                  use of or reliance on any content displayed on the Website.

12.4                  If you are a business user, please note that in particular, we will not be liable for:

                  12.4.1                  any loss of profits, sales, business, or revenue;

                  12.4.2                  any business interruption;

                  12.4.3                  any loss of anticipated savings;

                  12.4.4                  any loss of business opportunity, goodwill or reputation; or                 

                  12.4.5                  any indirect or consequential loss or damage.

12.5                  If you are a consumer user, please note that We only provide the Website for domestic                   and                   private use. You agree not to use the Website for any commercial or business purposes, and                   We shall have no liability to you for any loss of profit, loss of business, business interruption,                   or loss of business opportunity.

12.6                  We will not be liable for any loss or damage caused by a virus, distributed denial-of-                  service attack, or other technologically harmful material that may infect your computer                   equipment, computer programs, data or other proprietary material due to your use of the                   Website or to your downloading of any content on it.

12.7                  We assume no responsibility for the content of any websites linked on the Website.                   Such links should not be interpreted as endorsement by Us of those linked websites. We will                   not be liable for any loss or damage that may arise from your use of them.

  1. Severability

13.1. If any term of these Terms of Use, Acceptable Use Policy or Privacy Policy is found by an arbitrator, court, or other competent authority to be void or unenforceable, it shall be deemed to be deleted and severed and the remaining terms shall continue to apply.

  1. Governing Law and Jurisdiction

14.1. These Terms of Use, our Acceptable Use and our Privacy Policy and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

 

14.2. You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms of Use, our Acceptable Use Policy and our Privacy Policy, or their subject matter or formation (including non-contractual disputes or claims).