IMPORTANT NOTE: BEFORE YOU MAKE AN ORDER YOU SHOULD ALSO REFER TO THE TERMS AND CONDITIONS OF EACH INDIVIDUAL MEMBER PARTNER (THE “SELLER”) WHICH CAN BE VIEWED ON THE DEDICATED SELLERS’ PAGE AS WELL AS THE PRODUCT PAGES OF THESTYLECOLLECTION.COM (THE “WEBSITE”).
THIS DOCUMENT SETS OUT THE TERMS AND CONDITIONS (THE “TERMS”) ON WHICH YOU MAY MAKE USE OF THE WEBSITE WHETHER AS A GUEST OR A REGISTERED USER AND THE TERMS APPLICABLE TO THE SALE OF GOODS THROUGH THE WEBSITE. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE AS THEY AFFECT YOUR RIGHTS AND LIABILITIES UNDER LAW.
1. AGREEMENT TO TERMS AND CONDITIONS
1.1 You acknowledge that by clicking on the button marked “I accept” or by using the Website (wholly or partly) in any way, you agree to be bound by these Terms. If you do not accept these Terms please do not access nor use the Website and/or place your order for any of the products made available for purchase by our Sellers (the “Products”).
1.2 We reserve the right to update these Terms from time to time and any changes will be uploaded to the Website. It is your responsibility to check for such changes. The changes will apply to the use of the Website after we have uploaded the new Terms. If you do not wish to accept the new Terms you should not continue to use or access the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms.
1.3 You should review these Terms periodically for changes and are advised to print and retain a copy of these Terms for your future reference.
2.1 The Website is operated by VOW Style Collection Ltd (the “Company”), a private limited liability company registered in England and Wales under company number 7147739 and whose registered office is at 145-157 St. John Street, London EC1 4VPW, UK. Our VAT number is: 996050786. The Company and Website also hereinafter referred to as “we”, “us” or “our”.
3. DESCRIPTION OF SERVICES
3.1 The Website acts as a venue to allow users who comply with our Terms and policies to view, browse and purchase the Products from the Sellers within a fixed price format and view, browse and purchase products from our retail partners on their respective websites (the “Retail Partners”).
3.2 On our Website we accept orders as agents on behalf of our Sellers. We do not supply the Products of our Sellers. We furthermore do not supply the products of our Retail Partners. As a consequence we do not participate in the legal sale and purchase transaction between you and Sellers nor are we liable to any person in relation to any contract for the sale and purchase of Products on our Website. You acknowledge and agree that the resulting legal contract is strictly between you and the Seller or you and the Retail Partner and is subject to these Terms and the terms and conditions of the respective Seller selling the Product to you or the terms and conditions of the respective Retail Partner.
3.3 As we do not transfer any legal ownership of the Products and as a consequence we have no control over the quality, safety, morality or legality of any aspect of the Products listed, the ability of the Sellers to sell items or the ability of a customer (the “Buyer”) purchasing and paying for a Product and cannot ensure that a Buyer or a Seller or a Buyer and a Retail Partner will actually complete a transaction.
3.5 All orders are subject to acceptance and availability of the Products. If the Products ordered are not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order. Any orders placed by you will be treated as an offer to purchase the goods from our Sellers and our Sellers have the right to reject such offers at any time.
3.6 You acknowledge that any automated acknowledgement of your order that you may receive from us shall not amount to our acceptance of your offer to purchase Products from our Sellers as advertised on the Website. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorized access to any data provided by you when accessing or ordering from the Website.
4.1 Upon completion of our registration procedure you will receive a confirmation email from us. This will include your login details, which you must keep confidential and secure. We shall at all times be entitled to suspend your account or your ability to browse the Website if we have reason to believe that you breached any of the provisions contained in these Terms or are violating any applicable laws or regulations.
4.2 In order to use the Website you warrant that:
(i) the personal information, which you are required to provide when you register, is true, accurate, current and complete in all respects;
(ii) you are at least 18 years old and above;
(iii) you are legally capable of entering into any binding contracts;
(iv) you are not impersonating any other person or entity;
(v) you may choose not to register and browse and check out as a guest, however as a consequence it is possible that you will not be able to use all available functionalities on the Website; and
(vi) in the event of any changes to the personal information entered you will promptly notify us by either changing your details in your account or by informing us via e-mail to: email@example.com
5. PRICE AND PAYMENT
5.1 You may pay for your purchases by using the payment methods and payment facility as displayed on the Website. All prices shown are in pounds sterling (£) but can also be viewed in euros (€) or US dollars ($).The amount due and payable upon checkout of any Products purchased is reflected in pounds sterling and includes any applicable (local) taxes at the current rates and are correct at the time of entering the information onto the system. If the Product is shipped outside of the origin country of the Seller any customs duties or taxes which may be applicable are not reflected in this price and could be due We reserve the right, however, to change prices at any time without notice to you.
5.2 Payment will be debited and cleared from your account before the dispatch of the Products to you by the Seller. In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order, our Sellers are not required to sell the Products to you at the price shown. We undertake to use our best efforts to ensure that the prices of Products shown on our website are accurate, but occasionally an error may occur. If we discover an error in the price of the Products that you have ordered we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the goods, then you will receive a full refund.
5.3 You confirm that the credit or debit card that is being used on our Website is yours. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorize payment to us we nor our Sellers will be liable to you for any delay or non-delivery.
6.1 Please note that each of our Sellers has their own delivery and return policy which is displayed on the dedicated Sellers’ page and on the relevant Product pages on the Website.
6.2 The delivery costs vary according to the delivery methods offered by them. Our Sellers currently deliver to addresses in Europe and the US. If you order Products for delivery outside of the UK, they may be subject to import duties and/or (local) taxes. We have no control over these charges. You must comply with all applicable laws and regulations of the country for which the Products are destined and are not liable for any breach by you of any such laws. If you cancel your order and you have already paid for the Products, then you will receive a full refund. Our Sellers endeavor to adhere to the delivery times as set out in their delivery and return policy though please be aware that there may be times when parcels are delayed. This is outside of the control of our Sellers or us.
7.1 If you wish to return an item for an exchange or refund you are entitled to change your mind and send a Product back to the Seller within 14 days of receipt of the Product. To complete a return it is required that you adhere to the following steps:
(a) you must send an email to firstname.lastname@example.org to request a returns authorization number (“RMA”);
(b) upon receipt of this RMA number we ask you to return the Products you wish to return directly to the Seller. Any postal return charges are for the account of the Buyer unless the Product is faulty;
(c) in the meantime you must retain possession of the Product and ensure that it is kept in the same condition as it was when it was delivered until such time as the Product is delivered back to the Seller;
(d) on behalf of the Seller we will refund any monies you have paid to us and/or the Seller for the respective Product within 14 days of receipt by the Seller of the returned Product.
We advise you to check the individual delivery and return policy of our Sellers on the dedicated pages for the respective Products and/or Designer as some items are non-returnable, including but not limited to, personalized items that are made to order, perishable products or personal products such as certain items of jewelry.
8. AMENDMENTS TO WEBSITE
8.1 We reserve the right to make any changes to the Website including any functionalities and content therein or to discontinue any Product or aspects thereof or features of the Website without notice.
8.2 You acknowledge and agree that the Website is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you or us, other users, or outside parties.
8.3 We may at our own discretion:
(i) decide to suspend the Website for any reason whatsoever, including but not limited to planned maintenance, repair and/or upgrades and shall not be liable to you for any such suspension or unavailability of the Website.
(ii) modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website or its contents;
(iii) restrict access to areas of our Website, or indeed our whole Website, at our discretion. We may vary the services available on our Website in our absolute discretion at any time, with or without notice.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 The entire content of the Website is protected by copyright, trademarks, database and other intellectual property rights. Unless otherwise stated, we and/or our Sellers and/or Retail Partners own the intellectual property rights to the Website and the material on the Website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages or other content from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms.
9.2 Unless you own or control the relevant rights in the material, you must not without our consent:
(a) republish material from this Website (including republication on another website);
(b) sell, rent or sub-license material from the Website;
(c) show any material from the Website in public;
(d) edit or otherwise modify any material on the Website;
(e) reproduce, duplicate, modify, copy or otherwise exploit any of the materials displayed on our Website for a commercial purpose; or
(f) redistribute material from this Website except for content specifically and expressly made available for redistribution (such as our newsletter).
We will treat all your personal information as confidential and will only disclose the same in the circumstances set out below and in accordance with Data Protection legislation from time to time in force in England and Wales.
(a) processing your orders;
(b) to administer this Website;
(c) for statistical purposes to improve this Website and its services to you;
(d) if you have consented during the registration process, to notify you of products or special offers that may be of interest to you;
(e) if you have consented during the registration process, to disclose to other relevant third parties, who may contact you about their products or services that may be of interest to you.
If you have consented during the registration process, but do not want us to: (i) contact you regarding products or services which may be of interest to you; or
(ii) to transfer your data to third parties so that they can contact you about their products and services then please contact us via email@example.com and notify us accordingly.
10.3 Subject to your rights of objection, you agree that personal information may be disclosed to reputable third parties who will help process your order.
11.1 The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use. You agree not to upload or transmit through the Website:
(i) any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; and
(ii) any material which is defamatory, offensive or of an obscene character.
11.2 You further more must not attempt to gain unauthorized access to the Website, the server on which our Website is stored or any other computer, database or server connected to our Website.
11.3 You breaching the provisions as laid down in this Clause 11 shall result in you committing a criminal offence under the Computer Misuse Act 1990. Any such breach will be reported by us to the relevant law enforcement authorities immediately including your identity. Your right to use the Website will cease immediately.
11.4 We will not be liable for any loss or damage caused by a virus attack or something similar nor for any technologically harmful material that may harm your computer any relating programs or equipment or other proprietary material due to: (i) your use of the Website, (ii) your downloading any material from it; or (iii) any website linked to our Website.
You agree to fully indemnify, defend and hold us and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information.
13. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
13.1 All warranties, representations, guarantees, conditions and terms other than those expressly set out in this Clause 13 and in the Terms whether express or implied by statute, common law, trade usage or otherwise, and whether written or oral in respect of the Website and the Product, are hereby expressly excluded to the fullest extent permissible by law.
13.2 To the fullest extent permitted by law, we will not be liable (whether in contract, tort -including negligence-, or under statutory implied term) for any damages of any kind, including without limitation, direct, indirect, incidental, punitive, special and consequential damages (including without limitation loss of profits, loss of revenue or loss of data) arising out of or in connection with these Terms, the Website, our services or those resulting from any Products purchased or obtained or messages or feedback received, ratings or editorial content posted to the Website or payments processed through our Website or our payment services provider’s website, whether or not we have been advised of such damage. Neither party excludes any liability for death or personal injury to the extent only that it arises as a result of the negligence of that party, its employees, agents or authorized representatives.
13.3 All information made available to or accessible by you whether as a registered user or unregistered user using the Website or in respect of the Product or otherwise through the Website including any editorial materials provided by us or any third party are provided 'as is' and ‘as available’ without any conditions, warranties, guarantees or terms of any kind and are intended as information only. Such information shall not in any way and for any reason at any time constitute advice of any nature. Consequently, any such information must not be relied on to assist in making or refraining from making a decision or to assist in deciding on a course of action.
13.4 You acknowledge that we shall have no control over the quality, price, condition or legality of the Products offered including without limitation any of the information provided by the Seller in respect of the transaction for the sale and purchase of the Product. We do not vet, review, screen or verify any such information made available on the Website by us or the Sellers. Accordingly, we shall not be liable to you for any inaccuracies in respect of the information relating to a Product, the price of the Product or your transaction with the Seller.
13.5 Subject to clause 13.5 we shall not be liable for any indirect or consequential losses, expectations of a specific nature or anticipated outcome, anticipated savings, loss of management time, loss of profit, loss of data, loss of business and contract, loss of goodwill and reputation or any other loss however arising and whether caused by tort (including negligence), breach of contract or otherwise even if foreseeable arising out of or in connection with your use and/or reliance of the Website and the contents therein.
13.6 As a convenience to our customers, the Website may include links to other (third party) websites or material. The content thereof is beyond our control, we are not responsible for such websites or material nor do we review these and we accept no responsibility for the availability, suitability, reliability or content of such websites and do not endorse the views expressed therein. We will not be liable, whether directly or indirectly, for the privacy practices or content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.
13.7 Unless otherwise expressly set out to the contrary in these Terms, the Company’s liability to you (if any) in connection with your use of the Website and the contents therein shall be strictly limited to £100 (one hundred pounds sterling).
13.8 In the event you have a dispute with one or more of the Sellers or Retail Partners, you hereby release us from any claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
13.9 You acknowledge that it is the Seller’s responsibility to determine whether (local) taxes or duties are applicable to the sale and purchase of the Product and that we are not responsible for collecting, remitting or reporting any VAT or other taxes arising from such sale, apart from our commission percentages.
If any part of the Terms shall be deemed by a competent authority to be invalid, unlawful, void or for any reason unenforceable to any extent, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms to the fullest extent permitted by law.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision. If we fail to exercise any rights or remedies to which we are entitled under them this shall not constitute a waiver of such rights and remedies and shall not relieve you from compliance with such obligations. No waiver by us of any of these Terms shall be effective unless it is explicitly stated to be a waiver and is communicated to you in writing.
16. ENTIRE AGREEMENT
These Terms and any document expressly referred to in them represent the entire agreement between us and supersede any prior agreement, understanding or arrangement between us whether oral or in writing.
17. LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of England and Wales.
In case you have any queries regarding the Terms please send an e-mail to firstname.lastname@example.org