THE ECLECTIC LIFESTYLE BOUTIQUE

Terms & Conditions

TERMS OF USE

1. General

Thank you for accessing http://www.loveharlem.com (“Website”). Please read these terms and conditions (“Terms “) carefully before using the Website.

The Website enables Love Harlem® to place cosmetics, books, stationery, homeware and accessories (hereinafter the “Goods “) on sale to Internet Users who visit the Website.

By using the Website, you signify your acceptance of the Terms in consideration of which Love Harlem® provides you with access. If at any time you do not wish to accept the Terms, you may not use the Website.

Love Harlem® may review these Terms at any time by updating this posting. Any changes are effective immediately upon posting to the Website. Accordingly, please continue to review the Terms whenever accessing or using the Website. Your use of the Website following any such change constitutes your agreement to follow and be bound by the Terms as changed.

From time to time Love Harlem® may run competitions and promotions via the Website. Separate terms and conditions will be posted where applicable governing such competitions and promotions.

2. Use of Content

  1. The Website, including (but not limited to) text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, photographs, names, logos, trademarks, service marks and other material (“Content”) is protected by copyrights, trade marks and/or other proprietary rights under both English and foreign laws.
  2. The Content includes both content owned or controlled by Love Harlem® and content owned or controlled by third parties and licensed to Love Harlem®.
    All individual articles, reports, and other elements making up the Website may be copyright works. You agree to abide by all additional copyright notices or restrictions contained in the Website.
  3. You may not use any of Love Harlem®’s trademarks or trade names without Love Harlem®’s prior express written consent and you acknowledge that you have no ownership rights in and to any of those names and marks.
    You may not sell or modify the Content or reproduce, display, publicly, perform, distribute or otherwise use the Content in any way for any public or commercial purpose.
  4. Unauthorised use of the Content may violate copyright, trade mark and other laws. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content.
  5. If you violate any of these Terms your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of the Content.
  6. You agree to notify Love Harlem® in writing promptly upon becoming aware of any unauthorised access to or use of the Website by any party or of any claim that the Website or any of the contents of the Website infringes any copyright, trade mark, or other contractual, statutory or common law rights of any party.
    If you would like information about obtaining Love Harlem®’s permission to use any of the Content or if you would like to link your Website to the Website, email [email protected]

3. Love Harlem®’s Liability

  1. The Content may contain inaccuracies or typographical errors. Love Harlem® makes no representations about the accuracy, reliability, completeness or timeliness of the Content or about the results to be obtained from using the Website and the Content. The use of the Website and the Content is at your own risk.
  2. Changes are periodically made to the Website and may be made at any time. You accept that Love Harlem® has the right to change the content or technical specifications of any aspect of the Website at any time at Love Harlem®’s sole discretion. You further accept that such changes may result in your being unable to access the Website.
  3. Love Harlem® does not warrant that the Website will operate error-free or that the Website and its server are free of computer viruses and other harmful goods. Love Harlem® is not liable for any damage you may suffer as a result of such destructive features.
  4. If your use of the Website or the Content results in the need for servicing or replacing equipment or data, Love Harlem® is not responsible for those costs.
  5. Love Harlem® is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the Website.
  6. Love Harlem® further accepts no responsibility or liability for functions contained on the Website and makes no warranties that the Website will operate uninterrupted or error-free or that defects will be corrected. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.
  7. The Website and Content are provided on an ‘as is’ basis without any warranties of any kind. Love Harlem® and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including the warranty of merchantability, non-infringement of third parties’ rights, and the warranty of fitness for particular purpose.
  8. Love Harlem® and its suppliers make no warranties about the accuracy, reliability, completeness or timeliness of the Content, services, software text, graphics and links.
  9. Love Harlem® shall not be held responsible for Content provided by third parties.
  10. These Terms do not affect your statutory rights or your legal rights as a consumer.

4. Links to Other Websites

  1. There may be links that will let you leave this Website or that will let you access this Website from third party Websites. These links are provided solely as a convenience to you and not as an endorsement by Love Harlem® in favour of such Website or the contents, Goods or services contained on such third party Websites.
  2. Linked third party Websites are not under the control of Love Harlem® and Love Harlem® is not responsible for the content of linked third party or any link contained in such a linked Website.
  3. Love Harlem® does not make any representations regarding the content or accuracy of Contents on such third party Websites. If you decide to access linked third party Websites, you do so at your own risk.
  4. To the extent that this Website contains links to or may be accessed from outside services and resources, the availability and content of which Love Harlem® does not control, any concerns regarding any such service or resource or any link thereto should be directed to the particular outside service or resource.

5. Limitation of Liability

  1. You acknowledge that your use of the Website, including the Content is at your own risk. If you are dissatisfied with the Website, the Terms or any or the Content, your sole remedy is to discontinue use of the Website.
  2. Save in respect of fraud and of personal injury or death to the extent it results from Love Harlem® ‘s negligence, in no event will Love Harlem® be liable to you or any third party for any direct, special, indirect, consequential or incidental damages, exemplary or lost profits, or any other damages of any kind whether based on warranty, contract, tort (including negligence) or otherwise, even if Love Harlem® has been advised of the possibility thereof, arising from your use of the Website.
  3. Applicable law may not allow the limitation or exclusion of liability for consequential or incidental damages, so this limitation or exclusion may not apply to you.

6. Indemnity

  1. You agree to indemnify, defend, and hold harmless Love Harlem®, its employees, representatives and agents, from and against any claims, actions, demands or other proceedings brought against any of Love Harlem®, its employees, representatives or agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against Love Harlem®, its employees, representatives, suppliers, or agents is based on or arises in connection with:
    1. your use of the Website;
    2. any breach by you of the Terms;
    3. a claim that any use of the Website by you:
      • infringes any intellectual property rights of any third party, or any right of personality or publicity, or
      • is libellous or defamatory, or otherwise results in injury or damage to any third party;
    4. any deletions, additions, insertions, or alterations to, or any unauthorised use of, the Website by you; or
    5. any misrepresentation or breach of representation or warranty made by you contained herein.
  2. References in this section of the Terms to your use of the Website shall be deemed to include any use by a third party where such a third party accesses the Website using your computer.
  3. You agree to pay Love Harlem®, its employees, representatives, and agents any and all costs, damages, and expenses (including reasonable legal fees) awarded against any of them or otherwise incurred by any of them in connection with or arising from any such third party claim, suit, action or proceeding attributable to any such third party claim.

7. Termination

  1. Either you or Love Harlem® may terminate these Terms with or without cause at any time.
  2. If Love Harlem® terminates these terms, Love Harlem® will email you at the address you provide on registration, and you will be deemed to have received it within one hour of transmission. Termination will be effective at that time.
  3. You will be responsible for notifying us of any changes to your email address. You may terminate by sending an email to [email protected] with the subject “Unsubscribe”.
  4. On termination you shall destroy all Content, and copies thereof, obtained from the Website.

8. Transmission and feedback of information

  1. Any information you transmit through this Website is subject to Love Harlem® ‘s privacy policy and remains Love Harlem®’s property. You are prohibited from transmitting to or from this Website any unlawful, threatening, libellous, defamatory, obscene, inflammatory or pornographic Content or other Content that could give rise to any civil or criminal liability under law.
  2. You agree that Love Harlem® may use and/or disclose information about your demographics and use of the Website in a manner that does not reveal your identity.

9. Local Laws and Regulations

  1. The Website is based in England
  2. Love Harlem® makes no claims that the Contents are appropriate for use or permitted by local laws in all jurisdictions.
  3. The Website is not directed at any person in any jurisdiction where for any reason the publication or availability of the Website is prohibited.
  4. Access to the Contents may not be legal by certain persons or in certain countries. Those who access the Website do so on their own initiative and are responsible for compliance with applicable local laws or regulations; legal advice should be sought in cases of doubt.
  5. The construction, validity and performance of this Agreement shall be governed in all respects by English law, and the Parties agree to submit to the exclusive jurisdiction of the English courts.
  6. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
  7. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
  8. Except as expressly provided in a particular terms and conditions or Content on particular web pages of the Website, this Agreement constitutes the entire Agreement between you and Love Harlem® with respect to use of the Website.
  9. Throughout this Agreement the singular includes the plural and any one gender includes all other genders.
  10. Any changes to this Agreement must be made in writing, signed by an authorised representative of Love Harlem®

10. General

  1. If one or more stipulations of these Terms is deemed invalid or declared invalid pursuant to a law, regulation or following a definitive decision by a court having jurisdiction, the other stipulations shall retain their full force and scope.
  2. You acknowledge and agree that these Terms, which include our Conditions of Sale and Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of or purchases on the Website, and supersede and govern all prior proposals, agreements, or other communications.
  3. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.
  4. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us.

CONDITIONS OF SALE

1. General

All orders for the Goods offered on this Website imply the consultation and express acceptance of these Conditions of Sale, without said acceptance being contingent on you providing a hand-written signature. In accordance with the provisions of Regulations 9 and 11 of The Electronic Commerce (EC Directive) Regulations 2002 which govern the formation of electronic contracts in the United Kingdom, the submission of the order form constitutes the placing of an order between Love Harlem® and you for the purchase of the ordered Goods.

2. Eligibility

  • By making a purchase on www.loveharlem.com, you declare that you have full legal capacity and are aged 18 or over.

3. Product description

  • We will take all reasonable care to ensure that all details, descriptions, images and prices of the Goods appearing on the Website are correct at the time when the relevant information was entered onto the system; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colours or other content available on the Website are accurate, complete, reliable, current, or error-free.
  • Although we aim to keep the Website as up to date as possible, the information including product descriptions appearing on this Website at a particular time may not always reflect the product exactly at the moment you place an order. We cannot confirm the price of a product until your order is accepted in accordance with our order acceptance policy.

4. Product availability

5. Title to Goods

  • The Goods ordered shall remain the property of Love Harlem® until we receive the full payment for them. If there is a payment incident or in the event of incomplete or partial payment, you will be responsible for all costs involved in returning the Goods received to Love Harlem® at the latter’s first request.
  • On the effective date of delivery, the risks (in particular of theft or damage) concerning the Goods delivered are transferred to you.

6. Purchasing policies

  • The Goods available on the Website, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the Goods, or samples thereof, you purchase or otherwise receive from us. Please note that samples are subject to availability.
  • Your order must not exceed a total of £220.00. Moreover, you may only order a maximum of five (5) products with the same reference during a single sale and over a period of one (1) month. If the order exceeds the aforementioned amount and/or number, the order shall be deemed invalid.
  • We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.

7. Prices

  • The prices of the Goods are given in pounds sterling. The prices are inclusive of VAT (where applicable) at the current rates and are exclusive of delivery charges.
  • The total cost of your order is the price of the products ordered and delivery charges as set out in the Delivery section of the Website, except where we discover an error in the price of the Goods you have ordered. In this event, we will inform you as soon as possible after receiving your order 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.
  • You accept Love Harlem®’s right to modify its prices at any time.

8. Order processing

9. Order acceptance

  • Only orders with an invoicing and delivery address located in the United Kingdom, may be taken into account by Love Harlem®.
  • Love Harlem® reserves the right to refuse all orders or deliveries:
    • if we are unable to obtain authorisation for your payment,
    • if an item you have ordered is out of stock,
    • if we identify a product or pricing error,
    • if there is an existing dispute with you,
    • in the event of total or partial failure to pay for a previous order by you,
    • or in the event of total or partial failure to pay.
    • where a P.O. box delivery address has been provided,
    • if we suspect fraudulent activity or violation of these Terms and Conditions (including our Privacy Policy)

10. Payment

  • All payments must be made immediately over the Internet. Unless the server is unavailable, you may pay with a credit or debit card:
    • Visa, MasterCard and Maestro.
  • Banking transactions will be carried out in a secure manner by PayPal.
  • We do not accept payment by:
    • Cheques
    • Postal Orders

11. Delivery

12. General

  • If one or more stipulations of these Conditions of Sale is deemed invalid or declared invalid pursuant to a law, regulation or following a definitive decision by a court having jurisdiction, the other stipulations shall retain their full force and scope.
  • You acknowledge and agree that these Conditions of Sale, which include our Terms and Privacy policy, constitute the complete and exclusive agreement between us concerning your use of or purchases on the Website, and supersede and govern all prior proposals, agreements, or other communications.
  • We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.
  • Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us.