This site is owned and operated by The Boudoir Shop, ("we", "our" or "us" shall refer to The Boudoir Shop, "the website" shall refer to http://www.theboudoirshop.com and its subsiduary pages). Our registered office is at: The Boudoir Shop, Pool Cottage Farm, Stafford, ST18 0BD, United Kingdom. If you want to ask us anything about these Terms and Conditions or have any comments on or complaints about our website, please email us at firstname.lastname@example.org
These Terms and Conditions set out the basis on which you can visit and use our website. They will apply to all transactions carried out on our website. Please read them carefully as they contain important information. If you do not want to be bound by these Terms and Conditions, please leave the website now.
2. Data Protection
We will take all reasonable precautions to keep the details of your order and payment secure, but unless we are negligent, we will not be liable for unauthorised access to information supplied by you.
We process all your credit or debit card information using a secure payment service and do not hold or store your personal card details on our servers. See www.theboudoirshop.com/privacy for more information.
We will only use the information supplied by you for the purposes of fulfilling your order unless you agree otherwise. We would like to notify you of products and offers which may be of interest to you from time to time, if you do not wish to receive such notification please tick the box on the order form. You have the right to see personal data (as defined in the Data Protection Act) that we keep about you, upon receipt of a written request and payment of a fee. If you are concerned that any of the information we hold on you is incorrect please contact us (see methods below).
3. If you wish to register with the website, you must enter the Log In page on the website and register using our online registration process. In doing so you must agree to (i) provide true, accurate, current and complete information about yourself as prompted by the website’s registration process and (ii) maintain and promptly update the information to keep it true, accurate, current and complete.
4. You will receive an account upon completing the website's registration process. Irrespective of whether you choose to use the
(i) immediately notify us of any unauthorised use of your email address, password, user ID or account or any other breach of security and
(ii) ensure that you exit from your account at the end of each session by logging out. We will not be liable to you or any third party for any loss or damage arising from your failure to comply with this provision.
6. Damage to your Computer
The Boudoir Shop makes every effort to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it won't cause damage to your computer. It is your responsibility to ensure that the right equipment and software is available to use the website and screen out anything that may damage it. The Boudoir Shop shall not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
7. We may alter these Terms and Conditions at any time and your use of the whole/any part of the website following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms and Conditions have been changed. If you do not agree to any change to the Terms and Conditions then you must immediately stop using the website.
8. We reserve the right to modify or withdraw, temporarily or permanently, the whole/any part of website with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website.
9. The website is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the website or because of a failure, suspension or withdrawal of all or part of the website.
10. You shall not use the website for any illegal or immoral purposes, and you will use it in compliance with all applicable laws and regulations. You agree not to use the website in a way that may cause the website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired.
11. You agree not to attempt any unauthorised access to any part or component of the website; and you agree that in the event that you have any right, claim or action against any website users arising out of that user's use of the website, then you will pursue such right, claim or action independently of and without recourse to us.
12. You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses (including legal fees) suffered by us and arising out of any breach of these Terms and Conditions by you or any other liabilities arising out of your use of the website, or the use by any other person accessing the website using your computer or internet access account.
13. We are not responsible for the availability of any external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources. You are hereby granted a revocable and non-exclusive license to create a hyperlink to the website subject to such hyperlink not portraying The Boudoir Shop, their licensors or their products in a false, misleading, derogatory or otherwise offensive manner.
14. We have the right, but not the obligation, to monitor any activity and content associated with the website. We may investigate any reported violation of these Terms and Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the website).
15. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us. You acknowledge and agree that the material and content contained within the website is made available for your personal non-commercial use.
16. You should assume that everything you see and read on the website is copyrighted unless otherwise noted and may not be used except as provided by the Terms and Conditions. The website is Copyright © 2017 The Boudoir Shop. All rights reserved.
17. We are not responsible for any injury, loss, claim, damage, or any direct, incidental or consequential damages of any kind (including but not limited to lost profits, lost savings or revenue, or loss or corruption of data or information) which arises out of or is in any way connected with your use of the website.
18. You expressly agree that your use of, or inability to use any services provided on the website is at your sole risk.
19. We do not guarantee that any service provided via the website will be free from loss, corruption, attack, viruses, interferences, hacking or other security intrusions and we disclaim any liability relating thereto.
20. We will not be liable in contract, tort or otherwise if you incur loss or damage by connecting to the website through a third party's hypertext link.
21. Notwithstanding any other provision in the Terms and Conditions, nothing shall limit your rights as a consumer under English law where or insofar as such rights cannot be derogated from by contract.
22. If any part of the Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms and Conditions and shall not effect the validity and enforceability of any of the remaining provisions of the Terms and Conditions.
24. These Terms and Conditions will be exclusively governed by and construed in accordance with English Law, whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
25. Exclusions of Liability
Any disclaimers and exclusions or liability in these Terms and Conditions shall not apply to any damages arising from death or personal injury caused by the negligence of The Boudoir Shop or any of its employees or agents or fraud. These disclaimers and exclusions shall be governed by and construed in accordance with English Law. If any provision of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
26. Law, Jurisdiction and Language
This website, any content contained herein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English Law. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England. All contracts are concluded in English.
27. Illustrations and colours are for the purposes of representation only. Packaging may vary from that shown. The weights, dimensions and capacities if given are approximate only. If you have any queries contact The Boudoir Shop on 0845 017 8765 to discuss our products further. To the extent permitted by applicable law, The Boudoir Shop disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website. The Boudoir Shop shall not be liable to any person for any loss or damage, which may arise from the use of any of the information contained in any of the materials on this website.
28. The Boudoir Shop has taken every care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website.
29. When placing an order for any products from the website, you will state, specifically, which products you desire to purchase and shall also at the same time confirm to us, at your own risk, your home address, telephone number (including STD code), delivery requirements and selected payment method including credit card/debit card details together with such other details that may be requested at that time from you by us. Any orders received by us after 5.00PM GMT/BST shall be deemed to be received the following working day.
30. Your contract for purchases of physical items through the website is with The Boudoir Shop whose office address is The Boudoir Shop, Pool Cottage Farm, Stafford, ST18 0BD, United Kingdom and you undertake that any and all products ordered by you are for your own private and domestic use only. You further agree that email can be used as a long-distance means of communication.
31. No contract for the sale of any product will subsist between you and us unless and until we accept your order by way of an email to you confirming that we have accepted your order (Order Receipt). That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time we send the email to you (whether or not you receive that email). This confirmation email amounts to an acceptance by us of your offer to buy products from us or a third party supplier that is engaged on your behalf by us.
32. You undertake that all details you provide to us for the purposes of ordering or purchasing products or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the products or services ordered. If there are any changes to the details supplied by you it is your responsibility to inform us as soon as possible.
33. Cancellation Right
You may cancel your order at any time prior to your order being dispatched by emailing us at email@example.com ensuring that you quote your name, address and order reference number or by telephoning 0845 017 8765 between 11am and 5pm GMT/BST, Monday to Friday.
You have the legal right to cancel your order within seven working days of receipt of the goods. You may cancel your order by returning all the goods unopened together with the original invoice within seven working days from the date you received the goods.
We will then refund you the purchase price of the goods upon inspection. Please note that you will be responsible for the costs of returning the goods to us unless we delivered the item to you in error. You will also be charged for any missing products which were part of the order being returned.
Once we receive notification from you that you wish to withdraw from the contract (in accordance with these terms) any sum debited from your credit or debit card in relation to your order will be re-credited to that credit or debit card account as soon as possible, and in any event within twenty eight days of your order, provided that the goods you wish to return are received in the condition that they were in when delivered to you. If you do not return the goods as required, we may charge you a sum not exceeding the retail cost price of the goods.
If items are not delivered because you gave us incorrect information, or because your post office was unable to deliver the package because there was no-one to receive it and/or no-one came to collect it from the sorting office, you will be refunded for the cost of the items, but not for the postage and packing. We can re-send the items but you will have to pay the P & P charge again.
34. All orders are made subject to acceptance by you of these Terms and Conditions and fulfillment of any order for products is subject to stock availability and acceptance by us of your order. We are under no obligation to fulfill any customer order.