This agreement applies as between you, and the User of this
Website. And Conditions is deemed to occur upon your first use of the Website.
If you do not agree to be bound by these Terms and Conditions, you should stop
using the Website immediately.
No part of this Website is intended to constitute a contractual
offer capable of acceptance. Your order constitutes a contractual offer and our
acceptance of that offer is deemed to occur upon our sending a dispatch email
to you indicating that your order has been fulfilled and is on its way to you.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
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“Account”
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means collectively the personal information, Payment Information
and credentials used by Users to access Paid Content and / or any
communications System on the Website;
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“Carrier”
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means any third party responsible for transporting purchased
Goods from our Premises to customers;
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“Content”
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means any text, graphics, images, audio, video, software, data
compilations and any other form of information capable of being stored in a
computer that appears on or forms part of this Website;
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“Goods”
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means any products that Yoxeone advertises and / or makes
available for sale through this Website;
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“Service”
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means collectively any online facilities, tools, services or
information that Yoxeone makes available through the Website either now or in
the future;
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“Payment Information”
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means any details required for the purchase of Goods from this
Website. This includes, but is not limited to, credit / debit card
numbers, bank account numbers and sort codes;
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“Purchase Information”
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means collectively any orders, invoices, dispatch notes,
receipts or similar that may be in hard copy or electronic form;
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“Premises”
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Means our place(s) of business located at Yoxeone;
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“System”
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means any online communications infrastructure that Yoxeone
makes available through the Website either now or in the future. This
includes, but is not limited to, web-based email, message boards, live chat
facilities and email links;
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“User” / “Users”
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means any third party that accesses the Website and is not
employed by Yoxeone and acting in the course of their employment; and
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“Website”
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means the website that you are currently using (www.Https://www.blogger.com/blogger.g?blogID=7761722610908779591#allposts) and any sub-domains of this site (-) unless expressly excluded
by their own terms and conditions.
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2. Age Restrictions
Persons under the age of 18 should use this Website only with the
supervision of an Adult. Payment Information must be provided by or with the
permission of an Adult.
3. Business Customers
These Terms and Conditions also apply to customers buying Goods in
the course of business. If you are a business customer, please contact yoxeonefashion@gmail.com.
4. International Customers
If Goods are being ordered from outside Yoxeone’s country of
residence, import duties and taxes may be incurred once your Goods reach their
destination.Yoxeone is not responsible for these charges and we undertake to
make no calculations or estimates in this regard. If you are buying
internationally, you are advised to contact your local customs authorities for
further details on costs and procedures. As the purchaser of the Goods, you
will also be the importer of record and as such should ensure that your
purchase is in full compliance with the laws of the country into which the
Goods are being imported. Please be aware that Goods may be inspected on
arrival at port for customs purposes and Yoxeone cannot guarantee that the
packaging of your Goods will be free of signs of tampering.
5. Intellectual Property
5.1 Subject to the exceptions in Clause 6 of these Terms and Conditions,
all Content included on the Website, unless uploaded by Users, including, but
not limited to, text, graphics, logos, icons, images, sound clips, video clips,
data compilations, page layout, underlying code and software is the property of
Yoxeone, our affiliates or other relevant third parties. By continuing to use
the Website you acknowledge that such material is protected by applicable
United Kingdom and International intellectual property and other laws.
5.2 Subject to Clause 7 you may not reproduce, copy, distribute, store
or in any other fashion re-use material from the Website unless otherwise
indicated on the Website or unless given express written permission to do so by
Yoxeone.
6. Third Party Intellectual Property
6.1 Subject to Clause 7 you may not reproduce, copy, distribute, store
or in any other fashion re-use such material unless otherwise indicated on the
Website or unless given express written permission to do so by the relevant
manufacturer or supplier.
7. Fair Use of Intellectual Property
Material from the Website may be re-used without written
permission where any of the exceptions detailed in Chapter III of the Copyright
Designs and Patents Act.
8. Links to Other Websites
This Website may contain links to other sites. Unless expressly
stated, these sites are not under the control of Yoxeone or that of our
affiliates. We assume no responsibility for the content of such websites and
disclaim liability for any and all forms of loss or damage arising out of the
use of them. The inclusion of a link to another site on this Website does not
imply any endorsement of the sites themselves or of those in control of them.
9. Links to this Website
Those wishing to place a link to this Website on other sites may
do so only to the home page of the site www.Https://www.blogger.com/blogger.g?blogID=7761722610908779591#allposts
without prior permission. Deep linking (i.e. links to specific pages within the
site) requires the express permission of Yoxeone. To find out more please
contact us by email at yoxeonefashion@gmail.com.
10. Use of Communications Facilities
10.1 When using the enquiry form or any other System on the Website you
should do so in accordance with the following rules:
10.1.1 You must
not use obscene or vulgar language;
10.1.2 You must
not submit Content that is unlawful or otherwise objectionable. This
includes, but is not limited to, Content that is abusive, threatening,
harassing, defamatory, ageist, sexist or racist;
10.1.3 You must not
submit Content that is intended to promote or incite violence;
10.1.4 It is
advised that submissions are made using the English or France language(s) as we
may be unable to respond to enquiries submitted in any other languages;
10.1.5 The means
by which you identify yourself must not violate these Terms and Conditions or
any applicable laws;
10.1.6 You must
not impersonate other people, particularly employees and representatives of Yoxeone
or our affiliates; and
10.1.7 You must
not use our System for unauthorised mass-communication such as “spam” or “junk
mail”.
10.2 You acknowledge that Yoxeone reserves the right to monitor any and
all communications made to us or using our System.
10.3 You acknowledge that Yoxeone may retain copies of any and all
communications made to us or using our System.
10.4 You acknowledge that any information you send to us through our
System or post on the enquiry form may be modified by us in any way and you
hereby waive your moral right to be identified as the author of such
information. Any restrictions you may wish to place upon our use of such
information must be communicated to us in advance and we reserve the right to
reject such terms and associated information.
11. Accounts
11.1 In order to purchase Goods on this Website and to use the enquiry
form facilities you are required to create an Account which will contain
certain personal details and Payment Information which may vary based upon your
use of the Website as we may not require payment information until you wish to
make a purchase. By continuing to use this Website you represent and warrant
that:
11.1.1 all
information you submit is accurate and truthful;
11.1.2 you have
permission to submit Payment Information where permission may be required; and
11.1.3 you will
keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your
representation and warranty.
11.2 It is recommended that you do not share your Account details,
particularly your username and password. Yoxeone accepts no liability for any losses or damages
incurred as a result of your Account details being shared by you. If you
use a shared computer, it is recommended that you do not save your Account
details in your internet browser.
11.3 If you have reason to believe that your Account details have been
obtained by another without consent, you should contact Yoxeone immediately to
suspend your Account and cancel any unauthorised purchases that may be pending.
Please be aware that purchases can only be cancelled until they are dispatched.
In the event that an unauthorised purchase is dispatched prior to your
notifying us of the unauthorised nature of the purchase, Yoxeone accepts no liability or responsibility and
you should make contact with the Carrier detailed in the Purchase Information.
11.4 When choosing your username you are required to adhere to the
terms set out above in Clause 10. Any failure to do so could result in the
suspension and/or deletion of your Account.
12. Termination and Cancellation
12.1 Either Yoxeone or you may terminate your Account. If Yoxeone terminates
your Account, you will be notified by email and an explanation for the termination
will be provided. Notwithstanding the foregoing, we reserve the right to
terminate without giving reasons.
12.2 If Yoxeone terminates your Account, any current or pending
purchases on your Account will be cancelled and will not be dispatched.
12.3 Yoxeone reserves the right to cancel purchases without stating
reasons, for any reason prior to processing payment and dispatch.
12.4 If purchases are cancelled for any reason prior to dispatch you
will be refunded any monies paid in relation to those purchases.
12.5 If you terminate your Account any non-dispatched purchases will be
cancelled and you will be refunded any monies paid in relation to those
purchases.
13. Goods, Pricing and Availability
13.1 By placing an order with Yoxeone, you automatically accept
our Terms & Conditions.
13.2 Where appropriate, you may be required to select the required
[size] [model] [colour] [number] [other features] of the Goods that you are
purchasing.
13.3 Yoxeone does not represent or warrant that such Goods will be
available. Stock indications are provided on the Website and are subject to
availability.
13.4 All pricing information on the Website is correct at the time of
going online. Yoxeone reserves the right to change prices and alter or remove
any special offers from time to time and as necessary. All pricing
information is reviewed and updated every working day.
13.5 In the event that prices are changed during the period between an
order being placed for Goods and Yoxeone processing that order and taking payment, you
will be contacted prior to your order being processed with details of the new
price;
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14. Delivery
14.1 Yoxeone will notify you by way of email when your goods are to be
dispatched to you. The message will contain details of estimated delivery times
in addition to any reasons for a delay in the delivery of the Goods purchased
by you.
14.2 If Yoxeone receives no communication from you, within 14
days of delivery, regarding any problems with the Goods, you are deemed to have
received the Goods in full working order and with no problems. If goods haven't
been received within 14 working days, please notify use as soon as possible.
14.3 By placing an order with Yoxeone you accept all of our Terms &
Conditions on deliveries. If we do not meet the allocated timeframe for
delivery, you are entitled to a full postage refund. If you have used a free
delivery service, no refund is applicable. Yoxeone is not liable for any
failed or late deliveries using our free delivery services. On occasion, our
free delivery service can experience delays on dispatch. If we know your goods
are going to be 'dispatched' late, we will endeavour to contact you to let you know.
Unfortunately we are unable to monitor every delivery once the goods have been
dispatched - this will be left to the customer to track and manage. Any delays
on our free delivery services will need to be dealt with by the carrier used.
All contact information will be provided on request.
15. Returns Policy
Yoxeone aims to always provide high quality Goods that are fault
free and undamaged. On occasion however, goods may need to be
returned. Returns are governed by these Terms and Conditions.
- Yoxeone
operates a 14 day returns policy (including bank holidays and weekends)
- Goods
must be back with us by the 14th day
- The
returns period starts from the day delivery was attempted
- Returns
are valid as long as you return your item/s back to us in unworn & unused
condition with all original packaging. We'll process your refund or exchange
within 14 working days after receipt of your return
- All
items must have the original swing tag still firmly attached, so please take
care when trying the goods on at home. If the tag is removed, no refund will be
issued and the item will be forwarded back to your address or a credit note
issued
- If you
return something outside of the returns period, we reserve the right to issue a
credit note or resend the goods ordered back to the original delivery address
- It is
your responsibility to make sure you send the return using a recorded
& trackable service, as we cannot refund any lost, missing or damaged
parcels. It will be your responsibilty to claim
- Please
note we are unable to refund any postage or carriage charges for returns.
- We are
unable to refund swimwear & earrings for hygiene reasons
- Don't
forget - all refunds will be issued back to the original method of payment. If
your item is faulty, please send it back to us as soon as you can. We'll try
our best to repair or replace it, but if we can't, you will be issued with a
full refund
- If you
would like to exchange your goods, please state this clearly on your returns
form. If you are exchanging goods, please note the 14 day money back period
still applies from the date of original purchase so bear this in mind if you
are wanting to exchange your goods for another size as we'll only be able to
issue you with a credit note
15.1 If you have received Goods which do not match those that you have
ordered, unless accompanied by an explanatory note detailing the changes,
stating reasons for the changes and setting out your options, you should
contact us within 5 days from delivery to arrange the return and
replacement. Yoxeone is not responsible for paying shipment costs.
You will be given the option to have the Goods replaced with those ordered (if
available) or to be refunded through the payment method used by you when
purchasing the Goods. Refunds and replacements will be issued upon our
receipt of the returned Goods.
15.2 If any Goods you have purchased have faults when they are
delivered to you, you should contact Yoxeone within 5 days from delivery to
arrange the return and replacement. Yoxeone is responsible for paying
refunding the shipment costs if the Goods are deemed faulty. Goods must
be returned in their original condition with all packaging and
documentation. Upon receipt of the returned Goods, the price of the
Goods, as paid by you, will be refunded to you through the payment method used
by you when purchasing the Goods.
15.3 If any Goods develop faults within their warranty period, you are
entitled to a repair or replacement under the terms of that warranty.
15.4 If Goods are damaged in transit and the damage is apparent on
delivery, you should sign the delivery note to the effect that the goods have
been damaged. In any event, you should report such damage to Yoxeone
within 5 days and arrange collection and return. Yoxeone is responsible
for refunding the returns shipment costs. Upon receipt of the returned
Goods, the price of the Goods, as paid by you, will be refunded to you through
the payment method used by you when purchasing the Goods.
15.5 On June 13th 2014 the new Consumer Contract Regulations came into
force. This entitles you to a 14 day cancellation period. This period begins
once your order is complete and ends 14 working days after the Goods have been
attempted for delivery. If you change your mind about the goods within
this period, please return them to Yoxeone within 14 days of receipt, including
weekends and bank holidays. You are responsible for paying shipment costs
if Goods are returned for this reason. Sale items are also included as part of
the same Consumer Contract Regulations period.
15.6 If you wish to return Goods to Yoxeone for any of the above
reasons, please contact us using the details on contact page to make the
appropriate arrangements.
15.7 Yoxeone reserves the right to exercise discretion with respect to
any returns under these Terms and Conditions. Factors which may be taken
into account in the exercise of this discretion include, but are not limited
to:
15.7.1 Any use
or enjoyment that you may have already had out of the Goods;
15.7.2 Any
characteristics of the Goods which may cause them to deteriorate or expire
rapidly;
15.7.3 The fact
that the Goods consist of audio or video recordings or computer software and
that the packaging has been opened;
15.7.4 Any
discounts that may have formed part of the purchase price of the Goods to
reflect any lack of quality made known to the Customer at the time of purchase.
Such discretion to be exercised only within the confines of the
law.
16. Privacy
16.1 Use of the Website is also governed by our Privacy Policy which is
incorporated into these terms and conditions by this reference. To view the
Privacy Policy, please click on the link below.
16.2 The Website places the following cookies onto your computer or
device. These cookies are used for the purposes described herein. Full details
of the cookies used by the Website and your legal rights with respect to them
are included in our Privacy Policy. By accepting these terms and
conditions, you are giving consent to Yoxeone to place cookies on your computer
or device. Please read the information contained in the Privacy Policy prior to
acceptance.
16.3 If you wish to opt-out of our placing cookies onto your computer
or device, please contact enquiries@lavishalice.com. You may also
wish to delete cookies which have already been placed. For instructions on how
to do this, please consult your internet browser’s help menu.
17. Disclaimers
17.1 Yoxeone makes no warranty or representation that the Website will
meet your requirements, that it will be of satisfactory quality, that it will
be fit for a particular purpose, that it will not infringe the rights of third
parties, that it will be compatible with all systems, that it will be secure
and that all information provided will be accurate. We make no guarantee of any
specific results from the use of our Services.
17.2 No part of this Website is intended to constitute advice and the
Content of this Website should not be relied upon when making any decisions or
taking any action of any kind.
17.3 No part of this Website is intended to constitute a contractual
offer capable of acceptance.
17.4 Whilst Yoxeone uses reasonable endeavours to ensure that the
Website is secure and free of errors, viruses and other malware, all Users are
advised to take responsibility for their own security, that of their personal
details and their computers.
18. Changes to the Service and these Terms and Conditions
Yoxeone reserves the right to change the Website, its Content or
these Terms and Conditions at any time. You will be bound by any changes
to the Terms and Conditions from the first time you use the Website following
the changes. If Yoxeone is required to make any changes to Terms and
Conditions relating to sale of Goods by law, these changes will apply
automatically to any orders currently pending in addition to any orders placed
by you in the future.
19. Availability of the Website
19.1 The Service is provided “as is” and on an “as available”
basis. We give no warranty that the Service will be free of defects and /
or faults. To the maximum extent permitted by the law we provide no
warranties (express or implied) of fitness for a particular purpose, accuracy
of information, compatibility and satisfactory quality.
19.2 Yoxeone accepts no liability for any disruption or non-availability
of the Website resulting from external causes including, but not limited to,
ISP equipment failure, host equipment failure, communications network failure,
power failure, natural events, acts of war or legal restrictions and
censorship.
20. Limitation of Liability
20.1 To the maximum extent permitted by law, Yoxeone accepts no
liability for any direct or indirect loss or damage, foreseeable or otherwise,
including any indirect, consequential, special or exemplary damages arising from
the use of the Website or any information contained therein. Users should be
aware that they use the Website and its Content at their own risk.
20.2 Nothing in these Terms and Conditions excludes or restricts Yoxeone’s
liability for death or personal injury resulting from any negligence or fraud
on the part of Yoxeone.
20.3 Nothing in these Terms and Conditions excludes or restricts Yoxeone’s
liability for any direct or indirect loss or damage arising out of the
incorrect delivery of Goods or out of reliance on incorrect information
included on the Website.
20.4 Whilst every effort has been made to ensure that these Terms and
Conditions adhere strictly with the relevant provisions of the Unfair Contract
Terms Act 1977, in the event that any of these terms are found to be unlawful,
invalid or otherwise unenforceable, that term is to be deemed severed from
these Terms and Conditions and shall not affect the validity and enforceability
of the remaining Terms and Conditions. This term shall apply only within
jurisdictions where a particular term is illegal.
21. No Waiver
In the event that any party to these Terms and Conditions fails to
exercise any right or remedy contained herein, this shall not be construed as a
waiver of that right or remedy.
22. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions
and any prior versions thereof, the provisions of these Terms and Conditions
shall prevail unless it is expressly stated otherwise.
23. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon
any third party. The agreement created by these Terms and Conditions is
between you and Yoxeone.
24. Communications
24.1 All notices / communications shall be given to us either by post
to our Premises (see address above) or by email to Yoxeone. Such notice
will be deemed received 3 days after posting if sent by first class post, the
day of sending if the email is received in full on a business day and on the
next business day if the email is sent on a weekend or public holiday.
24.2 Yoxeone may from time to time send you information about our
products and/or services. If you do not wish to receive such information,
please click the unsubscribe link on any of the emails received, or
contact enquiries@lavishalice.com to be manually removed.
25. Law and Jurisdiction
These Terms and Conditions and the relationship between you and Yoxeone
shall be governed by and construed in accordance with the Law of England and
Wales and Yoxeone and you agree to submit to the exclusive jurisdiction of the
Courts of England and Wales.
26. Pre-Orders
All pre-ordered products are on a first serve, first come basis.
We aim to provide information as accurately as possible, however unforeseen
circumstances make this information subject to change. We reserve the right to
cancel and refund any orders made on a pre-order basis. Ordering a pre-order
product does not guarantee the product, but only places a hold on the size
ordered if stock allows. Any orders not fulfilled are refunded in full.
27. Customer Credit
Please note, if you have received credit on your account this will
last for 12 months from the date this is added to your account. It will expire
12 months after this date, please ensure you use your credit during this time
months. Credit is not applicable on internatioanl orders.
28. Student Discount
Yoxeone offer 20% discount to customers who are registered student
with Student Beans. You must be a student and agree to these terms and
conditions to be eligible for the student discount. The % discount is subject
to change. You will need to register with Student Beans in order to receive the
student discount. Code cannot be used in conjunction with any other
offer or promotional discount. The code is valid on purchases made on our
website www.lavishalice.com and is not valid on Sale items. Discount is activated when
applied at the checkout page code under the discount code section. We have the
right to refuse the Student Discount to any person that does not comply with these
terms and condition or if found to have registered using fraudulent or
incorrect information. We reserve the right to amend or cancel the Student
Discount at any time.
The 30% off Yoxeone in association with Student Beans (limited
time only) promotion is advertised on Student Beans from 22.11.17 -
27.11.17. You must be a student and agree to these terms and conditions to
be eligible for the student discount. The % discount is subject to change. You
will need to register with Student Beans in order to receive the student
discount. Code cannot be used in conjunction with any other offer or
promotional discount. The code is valid on purchases made on our website www.lavishalice.com and
is not valid on Sale items. Discount is activated when applied at the checkout
page code under the discount code section. We have the right to refuse the
Student Discount to any person that does not comply with these terms and
condition or if found to have registered using fraudulent or incorrect
information. We reserve the right to amend or cancel the Student Discount at
any time.
If you have any questions regarding the use of promotional codes, please email : yoxeonefashion@gmail.com
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