Terms & Conditions
Last updated: March 24, 2012
These Terms and Conditions (together with the documents referred to in it) set out the terms and conditions on which we sell Sale Items (as defined below) and supply related services through our website www.lavishshoestring.com (our Site) (together, the Services). Please read these Terms and Conditions carefully before using any Services from our Site. You should understand that by using any of our Services, you agree to be bound by these Terms and Conditions. These Terms and Conditions shall apply each and every time you use our Services and shall apply to and be incorporated into every Sale unless we inform you otherwise.
You should print a copy of these Terms and Conditions for future reference.
1. INFORMATION ABOUT US
2. SERVICE AVAILABILITY
Some restrictions are placed on the extent to which we sell items to some countries. For example, there may be restrictions on the trade and/or export of certain metals, art objects or other goods of historical and/or cultural interest. It is your obligation to acquaint yourself and comply with such restrictions and any applicable law, and to ensure that no item is exported or imported in violation of such restrictions.
In order to use the Services, you are required to maintain an existing account (Account) with us. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer to prevent unauthorised access to your Account. You should keep your Account and password confidential and secure and let us know immediately if you suspect any unauthorised use of your Account or that your password has become known to anyone else. You are solely responsible for all use of our Services that occurs using your Account or password.
3. INFORMATION ABOUT YOU AND YOUR STATUS
3.1 By using the Services through our Site, you warrant that:
3.1.1 you are legally capable of entering into binding contracts;
3.1.2 you are at least 18 years old;
4. PURCHASING A SALE ITEM
4.1 General Overview
This Section 4 describes the process for purchasing an item on our Site. For your convenience, we provide you with a brief overview of such process in this Section 4.1. This overview is provided strictly for the sake of convenience and is not intended to derogate from the detailed terms and conditions set out herein including in the other sub-sections of this Section 4, which you should read carefully and in their entirety. In the event of any conflict between the overview provided in this Section 4.1 and the detailed provisions set forth in these Terms and Conditions (including the other provisions of Section 4), the latter shall prevail.
We offer certain items for sale on our Site. Details of each such item and its price may be obtained by clicking on the item. If you wish to purchase an item you may elect to do so by following the instructions set forth on our Site and detailed in this Section 4.
Please note that all sale items are pre-owned. Even though every precaution is taken, the sale item might not be in immaculate condition (e.g. show minor signs of wear).
Sizes and weights given in the description are approximate figures given as reference. We will not be held responsible for any discrepancies occurring.
All weights referred to in grams are gross weights.
Watches offered for sale have been opened during initial verification process, therefore be aware that they will need resealing in order to be waterproof (where applicable) again.
4.2 Making a Purchase
If you are considering purchasing an item from our Site (Sale Item), the first step is to click on that item. A more detailed description of the Sale Item will be displayed. Simply click on the “Add to Basket” button, and the Sale Item will be placed in your shopping cart. To complete your purchase, click on “My Basket” and then “Proceed to Checkout”. You will be presented with the total amount payable for your purchase, which will include packaging and delivery costs as well as applicable taxes, if any, and you will be requested to enter your billing address and desired delivery address [(by choosing the address which appears in your Account or providing an alternate address for delivery)]. You will then be asked to choose a method of payment. After all the requested information has been provided, simply click on “Submit Order”. You will then be presented with an order summary for your confirmation. Upon clicking the “Confirm” button, your order will be made.
When you place an order to purchase the Sale Item from our Site, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase the Sale Item, which is accepted by us when we send such e-mail confirmation (Confirmation E-mail) and at that point, a contract will be formed (Sale). Any items on the same order which we have not confirmed in a Confirmation E-mail do not form part of that Sale. We reserve the right not to accept any offer and not to send you a Confirmation Email for any reason, including, without limitation of the Sale Item is no longer available. In such case, we will send you an email informing you of this fact.
Upon receipt of payment in full, we will send you the Sale Item. Once the Sale Item has been shipped, we will inform you via email and will provide you with a tracking number to track your package. Please note that any delivery dates provided are estimates only and should not be relied upon as guaranteed delivery times. We take no responsibility for any losses resulting from delayed delivery. We shall only be responsible for damage caused during transit. We therefore recommend that you open your package and verify the item’s condition before signing off on receipt with FedEx or any other delivery service we may use.
Please note that we reserve the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
All prices are inclusive of VAT unless stated otherwise.
4.4 Cancellation of Sale
Customers in the European Union are entitled to cancel a purchase within 7 Working Days. For the purchases made from outside of the European Union the cancelation period will not be shorter than the minimum required period specified by law in the country of your residence. Details of this statutory right and an explanation of how to exercise it will be provided in the Confirmation Email. If the return isn't the result of an error on our part, return delivery costs will be deducted from your refund.
5. PERFORMANCE TIMES
We will use our reasonable endeavours to meet any performance times specified in these Terms and Conditions but any such performance times shall be estimates only and time shall not be of the essence for performance of the Services. Any delay by us in the provision of the Services shall not be considered a breach of these Terms and Conditions and shall not entitle any party to compensation.
Shipping and delivery times provided by us are solely estimates and should not be relied upon.
6. OUR LIABILITY
6.1 Our liability for losses you or any third party suffer as a result of us or any party on our behalf breaching this agreement is strictly limited to the price of the Sale, as applicable, to the extent that there is a Sale. The price of the Sale shall be the amount we received from you for the purchase of the Sale Item.
6.2 This does not include or limit in any way our liability:
6.2.1 for death or personal injury caused by our negligence;
6.2.2 under section 2(3) of the Consumer Protection Act 1987;
6.2.3 for fraud or fraudulent misrepresentation; or
6.2.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
6.3 We are not responsible for indirect losses or damages (including costs) which happen to you or to any third party as a consequence of the main loss or damage even if we were advised of such potential loss or damage and even if such losses result from a deliberate breach of these terms by us that would entitle you to cancel the Sale:
6.3.1 loss of income or revenue
6.3.2 loss of business
6.3.3 loss of profits or contracts
6.3.4 loss of anticipated savings
6.3.5 loss of data, or
6.3.6 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
6.4 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Sale.
7. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail, via the My Account Area or provide you with information by posting notices on our Site. For contractual purposes, you agree to these electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This Section does not affect your statutory rights.
We may give notice to you at either
8.1.1 the e-mail address you provided us when registering on our Site or that is contained in the My Account Area if you updated it; or
8.1.2 the postal address you provide to us in the My Account Area; or
8.1.3 in any of the ways specified in Section 7 above.
8.2 Notice will be deemed received and properly served immediately when posted on our Site or the My Account Area, 24 hours after the e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
9. TRANSFER OF RIGHTS AND OBLIGATIONS
9.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
9.2 You may not transfer, assign, charge or otherwise dispose of a Sale, or any of your rights or obligations arising under it, without our prior written consent.
9.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Sale, or any of our rights or obligations arising under it, at any time during the term of such Sale.
10. EVENTS OUTSIDE OUR CONTROL
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our or our affiliates’ obligations under a Sale or these Terms and Conditions that is caused by events outside our reasonable control (Force Majeure Event).
10.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
10.2.1 Strikes, lock-outs or other industrial action.
10.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
10.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
10.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
10.2.5 Impossibility of the use of public or private telecommunications networks.
10.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
10.3 Our performance under any Sale and under these Terms and Conditions is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Sale may be performed despite the Force Majeure Event.
11. INTELLECTUAL PROPERTY
All content posted, displayed, or available on our Site, including any graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, and all other content or material capable of protection under applicable intellectual property and other laws and all rights related thereto (Content) is and shall remain the exclusive property of lavishshoestring.com and its licensors and is protected by applicable intellectual property laws
No Content posted, displayed, or available on our Site may be used except with our express written consent. Unless otherwise agreed in writing by us, you may not copy, display, or post any Content offered via our Site on any network computer, web site, bulletin board, or any other publicly accessible medium. You must keep intact, and may not remove or alter, any copyright notices posted on our Site or on any Content posted, displayed, or made available on our Site.
12. INTERNET AND ACCESS TO OUR SITE
We endeavour to ensure that availability to our Site is uninterrupted and that our Site is error-free. However due to the nature of the Internet, this cannot be guaranteed. Your access to our Site may be occasionally suspended or restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
We reserve the right to refuse access to our Site or any part of it at any time either to groups of users, individual users or generally. We shall not be responsible for any connection or access to our Site by you or the quality of the transmission of any information passing between you and our Site.
Whilst we take reasonable precautions to ensure that the our Site is free from viruses, pop-ups and other malicious software, these may be contained within third party websites linked to our Site and you must therefore take all reasonably prudent steps to protect your computer software and hardware.
13. EXCLUSION OF WARRANTIES
13.1 WE GIVE NO WARRANTIES WHATSOEVER IN RELATION TO OUR SITE OR ANY CONTENT, PRODUCTS OR SERVICES POSTED, DISPLAYED OR MADE AVAILABLE ON OUR SITE. WE EXCLUDE TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, WARRANTIES AS TO FREEDOM FROM COMPUTER VIRUSES, WARRANTIES OF TITLE AND WARRANTIES OF NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WE EXPRESSLY DISCLAIM THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY, SECURE OR OTHERWISE RELIABLE, THAT DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE CONTENT OF OUR SITE IS LAWFUL, CORRECT OR ACCURATE. TO THE EXTENT YOU ARE RESIDENT WITHIN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF ANY OF THE ABOVE-MENTIONED WARRANTIES, THE ABOVE DISCLAIMERS WILL NOT APPLY TO YOU.
13.2 WE HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY SALE ITEMS INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY SALE ITEM YOU PURCHASE FROM US IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE ANY WARRANTY. SHOULD ANY SALE ITEM PROVE DEFECTIVE IN ANY WAY, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION AND WE SHALL HAVE NO LIABILITY IN RESPECT THEREOF.
You agree to indemnify us, our licensors, suppliers, affiliates and all of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals' fees and court costs) arising out of any third party claims based on or related to your use of our Site, the Service or any breach by you of these Terms and Conditions.
15.1 If we fail, at any time to insist upon strict performance of any of your obligations under a Sale or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under a Sale or any applicable law, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3 No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Section 13 above.
If any of these Terms and Conditions or any provisions of a Sale are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. ENTIRE AGREEMENT
17.1 These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Sale and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
17.2 You acknowledge that, in entering into a Sale, you have not relied on any representation, undertaking or promise given by us and nothing shall be implied from anything said or written in negotiations between us prior to such Sale except as expressly stated in these Terms and Conditions.
17.3 We intend to rely upon these Terms and Conditions and any document expressly referred to in them in relation to the subject matter of any Sale. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Terms and Conditions to be confirmed in writing.
If you fail, or we suspect that you have failed, to comply with any of the provisions of these Terms and Conditions, the Sale, we, at our sole discretion, without notice to you may terminate your Account and deny access, and you will remain liable for all amounts due under your Account up to and including the date of termination.
19. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We reserve the right, in its sole discretion, to change, modify, add or delete any part of these Terms and Conditions at any time without further notice. If we do make any such changes, we shall post the changes on our Site and will indicate at the top of the page the effective date of the version you are viewing. Your continued use of our Site after any such changes constitutes your acceptance of the amended Terms and Conditions. You are responsible for regularly reviewing these Terms and Conditions so that you will be aware of any changes.
20. LAW AND JURISDICTION
20.1 The Contract shall be governed by and construed in all respects in accordance with the laws of England and Wales. For the avoidance of doubt, the United Nations Convention on the International Sale of Goods shall not apply to the Contract. The international rules for the interpretation of trade terms prepared by the International Chamber of Commerce (Incoterms) shall apply but where they conflict with these Terms and Conditions, these Terms and Conditions shall prevail.
20.2 Subject to Section 20.3 you and we submit to the exclusive jurisdiction of the courts of England and Wales and agree that in respect of proceedings in England and Wales and in any other jurisdiction, process may be served on either of them in the manner specified for notices in Section 14. The rights set out in this Section 20.2 are in addition to any other manner of service permitted by law at the time when service is made.
20.3 Nothing in this Section 20 shall limit our right to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdiction preclude the taking of proceedings in any other jurisdiction, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
20.4 It is your obligation to acquaint yourself and to comply with all applicable requirements and restrictions imposed by law or by governmental and other authorities or corporations relating to the possession, use, import, export, sale or resale of the Sale Item. It is your obligation to ensure that no Sale Item is exported or imported in violation of the laws of any jurisdiction into or through which the Sale Item is transported during the course of reaching us or you.