Terms and Conditions
IMPORTANT LEGAL NOTICE:
1.0 Ownership, Offering and Terms
These are the Terms and Conditions under which you may use our website and services as offered by us. This website offers visitors a platform on which to purchase fashion products and related service. By accessing or using the website, and as such our service, you approve that you have read, understood, and agree to be bound by these Terms and Conditions.
This website is owned and operated by Vivien Lauren aka Vivien Lauren Collections. Our Distribution Centre is located in Derbyshire, England. Please visit our Contact Us page on how to find us or email us at our Email address: firstname.lastname@example.org.
2.0 Entitlement of Use:
You may only purchase Products or services from us if:
You are legally capable of entering into a binding contract with us (for example, in England and Wales you must be at least 18 years old);or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement.
You are an authorised user of the credit or debit card or payment account (i.e. PayPal) used to pay for your order; and,
Are resident in the United Kingdom (at present).
You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
3.0 Key commercial Terms:
How a contract is formed between us and you
1. When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
2. The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page where applicable.
3. The fee for the products, services and any other charges you may incur in connection with your use of the service, such as possible transaction fees, shipping fees, will also be charged prior to the checkout payment , deductions from your chosen payment method.
Once you have placed your order, you should receive an e-mail from us acknowledging that We have received your order (but please contact us if you do not receive this e-mail). Please note this does not mean that your order has been accepted. All orders are subject to availability and acceptance by us (which We may refuse for any reason).
After you submit your order, we immediately contact your bank or card issuer for authorisation to take payment from your account. We will not process your order until payment has been received in full. If we accept your order We will confirm this to you by sending you a further e-mail confirming the Product is being processed ready for dispatch at which point the contract between us ("Contract") will be formed.
As soon as you place your order, we start to process your order which means you will not be able to change it before delivery, but you may be able to return your Products under these terms and conditions or under our Returns Policy.
4.0 Retention of right to change offering:
We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
In these cases however we will endeavour to fulfil orders already taken or issue instead refunds as appropriate.
If We accept and process your order where there is a pricing error that is obvious and unmistakable and which could reasonably have been recognised by you as a mis-pricing, We may end the Contract, refund to you any sums you have paid under the Contract and require the return of any Products provided to you.
If you wish to apply a voucher code to your order, you must enter the relevant code during the online checkout process. Only one voucher code can be used per order and additional terms and conditions may apply in respect of each voucher code. We reserve the right to decline to accept any voucher code that is invalid for your order or that has expired.
5.0 OUR RIGHTS TO CANCEL THE CONTRACT:
We may end the contract at any time if
you do not make any payment to us when it is due;
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products; or
you do not, within a reasonable time, allow us to deliver the Products to you.
We may also end the Contract in the circumstances set out in clause 4.1. or clause 4.2.
We end the Contract in any of the situations set out in clause 13.1, We will refund any money you have paid in advance for the Products We have not provided but We may deduct or charge you reasonable compensation for the costs We will incur as a result of your breaking the Contract.
6.0 Your RIGHTS TO CANCEL THE CONTRACT:
We hope you will love our products however if for any reason you need to return the products to us or cancel the purchasing contract, please follow our notify us first of your need to return the products here , and then follow our returns procedure here. If you have further questions please see our Contact Us page on how to get in touch with us.
7.0 YOUR RIGHTS TO A REFUND (UK customers only):
If you are a consumer in the UK and you cancel your contract with us by following our returns procedure here. We will:
Refund you the price you paid for the Products. However, please note that We reserve the right to withhold any refunds pending inspection of the products returned to us. The products must be in unused condition and in re-saleable condition to qualify for refund. All attached tags, accessories must be returned intact as originally attached as on receipt of products from us.
We may reduce your refund to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop. If We refund you the price paid before We are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount; and
If the products on inspection are deemed in acceptable condition per clause 7.1 above, we will refund any charges you have paid for delivery of the Products to you, although the maximum refund for delivery costs will be the least expensive delivery method We offer to your delivery destination; and
We will make any refunds due to you by the method you used for payment:
14 days after the day on which We receive the Products back from you or, if after, the day on which you provide us with evidence that you have sent the Products back to us.
Please see our Returns Policy here for more information about returns and refunds
8.0 FAULTY PRODUCTS:
If you are a consumer, We are under a legal duty to supply Products that are in conformity with the Contract. Nothing in these terms and conditions will affect your legal rights in relation to Products that are faulty or defective.
If you consider that any Product We have supplied is faulty or mis-described, please notify us using the contact details set out in clause 6.2. or our Returns Policy.
N.B. If you discover that your Product is faulty after 30 days we reserve the right to request evidence, such as images of the defect, before issuing any refund of the price paid and/or any associated delivery costs.
9.0 LIMITATION OF LIABILITY
We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both We and you knew it might happen.
We only supply the Products for domestic and private use. If you use the Products for any commercial, business or resale purpose, We will have no liability to you for any loss of profit, loss of business, loss of anticipated savings, business interruption or loss of business opportunity. We will hold no liability to your end customers.
We do not in any way exclude or limit our liability in any matter for which We may not exclude or limit our liability under any applicable law.
To the maximum extent permitted by applicable law, in no event shall Vivien Lauren, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, Vivien Lauren assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
10.0 Ownership of intellectual property, copyrights, artwork and trademarks:
All and any Intellectual Property Rights in the Products, website, marketing platforms, or other material owned or operated by Vivien Lauren aka Vivien Lauren Collections shall be owned by us or our licensors. All such rights are reserved.
All materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Vivien Lauren/ Vivien Lauren Collections. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
You agree to indemnify and hold Vivien Lauren harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
12.0 Promotional emails and content:
You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.
13.0 Preference of law and dispute resolution
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of [The United Kingdom], without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in [United Kingdom]. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
14.0 Right to suspend or cancel user account:
We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment
15.0 Customer support details & contact info:
In order to receive customer support services and to correspond with the website and its operators, please write to us or contact us per below, or use our contact form and further contact details provided here on our Contact US page.
16.0 Right to change and modify Terms:
We reserve the right to modify these terms from time to time at our sole discretion.
We may change these terms and conditions from time to time. The terms and conditions that apply to your Contract will be those that are displayed on our site when you place your order.
2. Therefore, you should review these pages periodically.
3. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms.
4. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.