Terms & Conditions
BACKGROUND:
This agreement applies as between you, the User of this Web Site and Demure Look, the owner(s) of this Web Site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.
No part of this Web Site is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.
You should check this page regularly to take notice of any changes we may have made to the Terms of Service which may occur without notice.
By placing an order you are offering to purchase a product on and subject to these terms and conditions. All orders are subject to availability and confirmation of the order price.
- Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
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“Account” |
means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Web Site; |
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“Carrier” |
means any third party responsible for transporting purchased Goods from our Premises to customers; |
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“Content” |
means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site; |
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“Goods” |
means any products that Demure Look advertises and / or makes available for sale through this Web Site; |
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“Demure Look” |
means Demure Look, based at 30 Chorley Way, Coventry, UK, CV6 3LL |
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“Service” |
means collectively any online facilities, tools, services or information that Demure Look makes available through the Web Site either now or in the future; |
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“Payment Information” |
means any details required for the purchase of Goods from this Web Site. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes; |
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“Purchaser”
“Purchase Information” |
means any person or business that buys Goods from Demure Look from this Web Site;
means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form; |
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“Premises” |
Means our place(s) of business located at 30 Chorley Way, Coventry, CV6 3LL, UK; |
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“System” |
means any online communications infrastructure that Demure Look makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links; |
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“User” / “Users” |
means any third party that accesses the Web Site and is not employed by Demure Look and acting in the course of their employment; and |
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“Web Site” |
means the website that you are currently using (www.demurelook.com and any sub-domains of this site unless expressly excluded by their own terms and conditions. |
- Age Restrictions
Persons under the age of 18 should use this Web Site only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
- International Customers
If Goods are being ordered from outside Demure Look’s country of residence, import duties and taxes may be incurred once your Goods reach their destination. Demure Look is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Demure Look cannot guarantee that the packaging of your Goods will be free of signs of tampering.
- Intellectual Property
- Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Demure Look , our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
- Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Demure Look.
- Third Party Intellectual Property
- Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
- Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.
- Fair Use of Intellectual Property
Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
- Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Demure Look or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
- Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.demurelook.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Demure Look. To find out more please contact us by email at info@demurelook.com . We reserve the right to withdraw linking permission without notice.
- Use of Communications Facilities
- When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:
- You must not use obscene or vulgar language;
- You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- You must not submit Content that is intended to promote or incite violence;
- It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
- The means by which you identify yourself must not violate these terms of use or any applicable laws;
- You must not impersonate other people, particularly employees and representatives of Demure Look or our affiliates; and
- You must not use our System for unauthorized mass-communication such as “spam” or “junk mail”.
- You must not commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious or technologically harmful
- You must not hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material,
- You must not attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. Demure Look will report any such breach to the relevant law enforcement authorities and disclose your identity to them
- You acknowledge that Demure Look reserves the right to monitor any and all communications made to us or using our System.
- We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it
- When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:
- Accounts
- In order to purchase Goods on this Web Site and to use the Forums, Chats and other similar facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Web Site as we may not require payment information until you wish to make a purchase. By continuing to use this Web Site you represent and warrant that:
- all information you submit is accurate and truthful;
- you have permission to submit Payment Information where permission may be required; and
- you will keep this information accurate and up-to-date.
- In order to purchase Goods on this Web Site and to use the Forums, Chats and other similar facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Web Site as we may not require payment information until you wish to make a purchase. By continuing to use this Web Site you represent and warrant that:
Your creation of an Account is further affirmation of your representation and warranty.
- It is recommended that you do not share your Account details, particularly your username and password. Demure Look accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
- If you have reason to believe that your Account details have been obtained by another without consent, you should contact Demure Look immediately to suspend your Account and cancel any unauthorized purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorized purchase is dispatched prior to your notifying us of the unauthorized nature of the purchase, Demure Look accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
- When choosing your username you are required to adhere to the terms set out above in Clause 10. Any failure to do so could result in the suspension and/or deletion of your Account.
- Termination and Cancellation
- Either Demure Look or you may terminate your Account. If Demure Look terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
- If Demure Look terminates your Account, any current or pending purchases on your Account may be cancelled and may not be dispatched solely at our discretion.
- Demure Look reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
- If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.
- If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.
- Payment
- (For Business Customers) Any and all invoices are due for payment on the date shown on the invoice, unless alternative arrangements have been agreed between the Purchaser and Demure Look.
- Interest will be charged on a daily basis, commercial interest at 2% above the base rate of the Bank of England obtaining at the time.
- When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods
- Goods, Pricing and Availability
- Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Demure Look correspond to the actual Goods, Demure Look is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 17.1 for incorrect Goods.
- Where appropriate, you may be required to select the required [size] [model] [colour] [number] [other features] of the Goods that you are purchasing.
- Demure Look does not represent or warrant that such Goods will be available. Stock indications are provided on the Web Site however these may not take into account sales that have taken place during your visit to the web site
- All pricing information on the Web Site is correct at the time of going online. Demure Look reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated when appropriate.
- In the event that prices are changed during the period between an order being placed for Goods and Demure Look processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
- All prices on the Web Site include VAT.
- If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund
- Property, Risk and Account of Profits
- Title in Goods will not pass to the Purchaser until the full purchase price for those Goods has been received by Demure Look. Title remains with Demure Look until payment is complete.
- If the Purchaser sells the Goods on to its own customers in any form, either as purchased from Demure Look or forming a component part of a larger Good, and any amount of the purchase price payable to Demure Look remains outstanding, the Purchaser must account to Demure Look for the proceeds of such a sale. The Purchaser is then required to hold such proceeds on trust for Demure Look until payment has been received in full by Demure Look.
- Demure Look reserves the right to trace all proceeds under the principles of Re Hallett’s Estate (1880) 13 Ch D 696. Once the payment date has passed, if any sums remain outstanding, Demure Look has the right to enter the Purchaser’s premises and remove any Goods which, by virtue of Clause 14.1, remain the property of Demure Look.
- Delivery
- Demure Look will notify you by way of email when your goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.
- If Demure Look receives no communication from you, within 14 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.
- Delivery times may vary according to availability and any guarantees or representations made as to delivery times are limited to mainland UK and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our Delivery Charges notice for further information.
- Returns Policy
Demure Look aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.
- If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 10 days to arrange collection and return. Demure Look is not responsible for paying shipment costs. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods.
- International orders:We are unable to accept returns from Countries outside the UK unless Goods you have purchased have faults when they are delivered to you. Demure Look is not responsible for paying shipment costs. Faulty Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
- If any Goods you have purchased have faults when they are delivered to you, you should contact Demure Look within 14 days to arrange collection and return. Demure Look is not responsible for paying shipment costs. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
- If any Goods develop faults within their warranty period, you are entitled to a repair or replacement under the terms of that warranty.
- If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged. In any event, you should report such damage to Demure Look within 10 days and arrange collection and return. Demure Look is not responsible for paying shipment costs. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
- You have a statutory right to a “cooling off” period. This period begins once your order is complete and ends 7 days after the Goods have been delivered. If you change your mind about the goods within this period, please return them to Demure Look within 7 days of receipt. Goods can only be returned for this reason if their packaging remains unopened and the Goods can be re-sold, as new, without any additional work on the part of Demure Look. You are responsible for paying shipment costs if Goods are returned for this reason.
- If you wish to return Goods to Demure Look for any of the above reasons, please contact us on sales@demurelook.com to make the appropriate arrangements.
- Demure Look reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
- Any use or enjoyment that you may have already had out of the Goods;
- Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;
- The fact that the Goods consist of audio or video recordings or computer software and that the packaging has been opened;
- Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.
Such discretion to be exercised only within the confines of the law.
- Privacy
Use of the Web Site is also governed by our www.demurelook.com/privacypolicy which sets out how we will use your information and is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above.
- Disclaimers
- Demure Look makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
- No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
- No part of this Web Site is intended to constitute a contractual offer capable of acceptance.
- Changes to the Service and these Terms and Conditions
Demure Look reserves the right to change the Web Site, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes. If Demure Look is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
- Availability of the Web Site
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Demure Look accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship. From time to time, we may restrict access to some parts or all of this Website.
- Limitation of Liability
- To the maximum extent permitted by law, Demure Look accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and it’s Content at their own risk.
- Nothing in these Terms and Conditions excludes or restricts Demure Look’s liability for death or personal injury resulting from any negligence or fraud on the part of Demure Look.
- Nothing in these Terms and Conditions excludes or restricts Demure Look’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Web Site.
- Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
- No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
- Indemnity
You agree to indemnify, defend and hold harmless Demure Look, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
- Special Offers and Discounts
Discounts may from time to time be offered to account holders; such codes may only be applied to purchases made through the account in respect of which the discount was offered and registered.
We may from time to time offer promotional discounts which may apply in respect of any, or certain specified, purchases made though this Website.
The conditions of use relating to any discounts will be specified at the time of issue.
- Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
- Notices
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to info@demurelook.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
- Law and Jurisdiction
These terms and conditions and the relationship between you and Demure Look shall be governed by and construed in accordance with the Law of England and Wales and Demure Look and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
