Terms and Conditions
OVERVIEW
This website is operated by Emily Mayfair. Throughout the site, the terms “we”, “us” and “our” refer to Emily Mayfair. By visiting the website and/or purchasing products from us, you engage in our Service and agree to be bound by the following Terms of Use, including any additional terms and policies referenced herein or available by hyperlink.
These Terms of Use apply to all users of the Website, including without limitation browsers, vendors, customers, merchants and/or contributors of content.
Please read these Terms of Use carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any Services.
We reserve the right to update, change or replace any part of these Terms of Use. It is your responsibility to check this page periodically for changes.
Section 1 – ONLINE STORE TERMS
By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, and that you have given us your consent to allow any of your minor dependants to use this Website.
You may not use our products for any illegal or unauthorised purpose.
You must not violate any laws in your jurisdiction, including copyright laws.
You must not transmit any worms, viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Section 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone at any time for any reason. You understand that your content (excluding credit card information) may be transferred unencrypted and involve transmissions over various networks.
Credit card information is always encrypted during transfer across networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without express written permission from us.
Section 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon as the sole basis for making decisions.
This Website may contain certain historical information which, by its nature, is not current. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information.
Section 4 – MODIFICATIONS TO SERVICES AND PRICES
Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service at any time without prior notice. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Conclusion of contract: The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalogue. By clicking “Buy”, the user submits an offer to enter into a purchase contract. The confirmation email acknowledging receipt of the order does not constitute acceptance of the contract.
Warranty: Statutory legal warranty rights shall apply.
Section 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the Website. These products may be available in limited quantities and may only be returned or exchanged in accordance with our Returns Policy.
All of our products are shipped directly to the consumer from our supplier in China. Any charges such as customs duties or import taxes are the responsibility of the consumer.
We do not guarantee that the colours displayed on your monitor will accurately reflect the actual colours of the products.
We reserve the right to limit the sale of products to any person, geographic region or jurisdiction.
Any offer for any product or service made on this Website is void where prohibited by law.
Section 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order. We may, at our sole discretion, limit or cancel quantities purchased per person, household or order. If we make a change to or cancel an order, we may attempt to notify you by contacting the email address or billing address provided at the time the order was placed.
You agree to provide current, complete and accurate purchase and account information for all purchases made through our store. You also agree to promptly update your account information, including your email address and credit card details.
Section 7 – OPTIONAL THIRD-PARTY TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that such tools are provided “as is” and “as available” without any warranties or endorsements from us.
Any use by you of optional tools offered through the Website is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider.
Section 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third parties. Third-party links on this Website may direct you to external websites that are not affiliated with us.
We are not responsible for examining or evaluating the content or accuracy of such third-party websites. We do not warrant and will not have any liability or responsibility for any third-party materials, products or services. Complaints regarding third-party products should be directed to the relevant supplier.
Section 9 – COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send certain submissions or unsolicited materials, you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use any comments that you forward to us in any medium.
We are under no obligation to maintain any comments in confidence.
We are under no obligation to pay compensation for any comments.
We are under no obligation to respond to any comments.
Comments must not violate any rights of third parties, including copyright, trade mark or privacy rights. You are solely responsible for your comments and their accuracy. Any additional customs charges or import duties are not included in the price and are the responsibility of the customer.
Section 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. Please refer to our Privacy Policy for further details.
Section 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times and availability.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice, including after an order has been submitted.
Section 12 – PROHIBITED USES
In addition to other prohibitions set forth in the Terms of Use, you are prohibited from using the Website or its content:
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For any unlawful or unauthorised purpose.
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To solicit others to perform or participate in any unlawful acts.
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To violate any international, federal or local regulations, rules or laws.
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To infringe upon our intellectual property rights or the intellectual property rights of others.
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To harass, abuse, insult, harm, defame, slander, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability.
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To submit false or misleading information.
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To upload or transmit viruses or any other malicious code.
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To collect or track the personal information of others.
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To interfere with or circumvent the security features of the Service.
We reserve the right to terminate your use of the Service for violating any prohibited uses.
Section 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that your use of the Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results obtained from the use of the Service will be accurate or reliable.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service is provided “as is” and “as available” without any representation, warranties or conditions of any kind, either express or implied.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such jurisdictions shall be limited to the maximum extent permitted by law.
Section 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Emily Mayfair and our affiliates, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees from any claim or demand, including reasonable legal fees, arising out of your breach of these Terms of Service or your violation of any law or the rights of a third party.
Section 15 – SEVERABILITY
In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms of Use, and such determination shall not affect the validity and enforceability of any remaining provisions.
Section 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes. These Terms of Use shall remain effective unless and until terminated by either you or us.
If, in our sole judgement, you fail or we suspect that you have failed to comply with any term, we may terminate this Agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination.
Section 17 – ENTIRE AGREEMENT
Any failure by us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use and any policies or operating rules posted by us on this Website constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior agreements, communications and proposals.
Section 18 – GOVERNING LAW
Jurisdiction
The Netherlands
These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Netherlands.
Section 19 – CHANGES TO TERMS OF USE
You can review the most current version of the Terms of Use at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use.
It is your responsibility to check our Website periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
Section 20 – CONTACT INFORMATION
Questions about the Terms of Use should be sent to:
info@emilymayfair.co.uk