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’’),
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 However, please note that any of the content on the Website may be out of date at any given time, and We are under no obligation to update it.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
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.
1.4 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.
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.
2.3 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.
2.6 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.
2.10 You can terminate your account by contacting Us at email@example.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.
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.
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.
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.
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.
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.
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.
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.
9.4. 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.
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.
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.
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.