TERMS & CONDITIONS
All sales are final.
Welcome to the StyleShopUSA.com terms and conditions,
which apply to your use of the StyleShopUSA.com Website. By accessing this
Website, you agree to be bound by them.
DEFINITIONS
"Conditions" means these
terms and conditions: "Personal Information" means any personal details
provided by you via the Website; "User(s)" means (a) user(s) of the Website
either collectively or individually, as the context requires; "We/us/our"
means StyleShopUSA.com, "Website" means the website located at
http://StyleShopUSA.com/OnLineStore or any subsequent URL which may replace
it; and "You/your" means you as a user of the Website.
1
ACCESS
We will provide you with access to the Website in
accordance with these Conditions.
2 YOUR
OBLIGATIONS
2.1 You:
2.1.1 agree not to use the Website
(or any part of) for any illegal purpose and agree to use it in accordance
with all relevant laws;
2.1.2 agree not to upload or transmit through
the Website any computer viruses, macro viruses, trojan horses, worms or
anything else designed to interfere with, interrupt or disrupt the normal
operating procedures of a computer;
2.1.3 will not upload or transmit
through the Website any material which is defamatory, offensive, or of an
obscene or menacing character, or that may cause annoyance, inconvenience or
needless anxiety;
2.1.4 will not 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;
2.1.5 will not use the Website in any manner which violates or infringes
the rights of any person, firm or company (including, but not limited to,
rights of intellectual property, rights of confidentiality or rights of
privacy);
2.1.6 agree that in the event that you have any right, claim or
action against any 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.
3 INDEMNITY
3.1 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 the 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 PC or internet access
account.
4 OUR RIGHTS
4.1 We reserve
the right to:
4.1.1 modify or withdraw, temporarily or permanently, the
Website (or any part of) 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; and/or
4.1.2 change these Conditions from
time to time, and your continued use of the Website (or any part of)
following such change shall be deemed to be your acceptance of such change.
It is your responsibility to check regularly to determine whether the
Conditions have been changed. If you do not agree to any change to the
Conditions then you must immediately stop using the Website.
4.2 We will
use our reasonable endeavours to maintain the Website. The Website is
subject to change from time to time. 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 due to
circumstances beyond our control.
5 THIRD PARTY
LINKS
In an attempt to provide increased value to our Users, we
may provide links to other websites or resources. You acknowledge and agree
that we are not responsible for the availability of such 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 such 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.
6
MONITORING
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 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).
7
YOUR DATA
7.1 We respect your personal information and undertake
to comply with applicable UK Data Protection legislation from time to time
in place.
7.2 You should be aware that:
7.2.1 if we are
requested by the police or any regulatory or government authority
investigating suspected illegal activities, or upon receipt of a court
order, to provide your Personal Information and/or information concerning
your activities whilst using the Website we shall do so; and
7.3 We
reserve the right in our reasonable discretion to disclose details of your
use of the Website in relation to any, or any threatened, Court Proceedings
in connection with your use, or the use of anyone under your control, of the
Website whether in connection with the matters set out in these Conditions
or otherwise.
7.4 Please view our Privacy Policy, which forms part
of these Conditions.
8 INTELLECTUAL PROPERTY AND RIGHT
TO USE
8.1 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.
8.2 The Website is Copyright,
StyleShopUSA.com, 2003. All rights reserved.
9.
NOTICES
9.1 You may send us notices under or in connection with
these Conditions:
9.1.1 by post to StyleShopUSA, Hollywood, CA;
9.1.2 by email to sales@StyleShopUSA.com
9.2 As
proof of sending does not guarantee our receipt of your notice, you must
ensure that you have received an acknowledgement from us, which will be sent
within 3 working days of our receipt and should be retained by you.
10. LIMITATION OF LIABILITY
10.1 WHILE
WE WILL USE REASONABLE ENDEAVOURS TO VERIFY THE ACCURACY OF ANY INFORMATION
WE PLACE ON THE WEBSITE, WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED
IN RELATION TO ITS ACCURACY.
10.2 The Website is provided on an "as is"
and "as available" basis without any representation or endorsement. Unless
specified in separate terms and conditions related to a particular product
or service, we make no warranties of any kind, whether express or implied,
in relation to the Website, or products or services offered on the Website
whether by us or on our behalf (including free software downloads) including
but not limited to, implied warranties of satisfactory quality, fitness for
a particular purpose, non-infringement, compatibility, security, accuracy,
condition or completeness, or any implied warranty arising from course of
dealing or usage or trade.
10.3 Unless specified in separate terms and
conditions related to a particular product or service, we make no warranty
that the Website or products or services offered on the Website whether by
us or on our behalf (including free software downloads) will meet your
requirements or will be uninterrupted, timely, secure or error-free, that
defects will be corrected, or that the Website or the server that makes it
available or products or services offered on the Website whether by us or on
our behalf (including free software downloads) are free of viruses or bugs
or are fully functional, accurate, or reliable. We will not be responsible
or liable to you for any loss of content or material as a result of
uploading to or downloading from the Website.
10.4 Notwithstanding
any other provision in the Conditions, nothing shall limit your rights as a
consumer under USA law.
10.5 You acknowledge that we cannot guarantee
and therefore shall not be in any way responsible for the security or
privacy of the Website and any information provided to or taken from the
Website by you.
10.6 We will not be liable in contract, tort or
otherwise if you incur loss or damage connecting to the Website through a
third party's hyper-text link.
10.7 We will not be liable, in contract,
tort (including, without limitation, negligence), pre-contract or other
representations (other than fraudulent misrepresentations) or otherwise out
of or in connection with the Website or products or services offered on the
Website whether by us or on our behalf (including free software downloads)
for:
10.7.1 any economic losses (including without limitation loss of
revenues, profits, contracts, business or anticipated savings); or
10.7.2 any loss of goodwill or reputation; or
10.7.3 any special
or indirect or consequential losses; in any case whether or not such losses
were within the contemplation of either of us at the date on which the event
giving rise to the loss occurred.
10.8 Nothing in the Conditions shall
exclude or limit our liability for death or personal injury resulting from
our negligence or that of our servants, agents or employees.
11 SEVERANCE
If any part of the
Conditions shall be deemed unlawful, void or for any reason unenforceable,
then that provision shall be deemed to be severable from these Conditions
and shall not effect the validity and enforceability of any of the remaining
provisions of the Conditions.
12
WAIVER
Nothing shall be construed as a waiver by us of any
preceding or succeeding breach of any provision.
13
SURVIVAL
Each provision of these Conditions shall be construed
as separately applying and surviving even if for any reason one or other of
those provisions is held to be inapplicable or unenforceable in any
circumstances.
14 ENTIRE AGREEMENT
These
Conditions (as amended from time to time) contain the entire agreement
between you and us relating to the subject matter covered and supersede any
previous agreements, arrangements, undertakings or proposals, written or
oral, between you and us in relation to such matters. No oral explanation or
oral information given by either of us shall alter the interpretation of
these Conditions. You confirm that, in agreeing to accept these Conditions,
you have not relied on any representation save insofar as the same has
expressly been made a representation in these Conditions and you agree that
you shall have no remedy in respect of any misrepresentation which has not
become a term of these Conditions save that your agreement contained in this
Clause shall not apply in respect of any fraudulent misrepresentation
whether or not such has become a term of these Conditions.
15 LAW
The Conditions will be
exclusively governed by and construed in accordance with the laws of USA
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.
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