TERMS AND CONDITIONS FOR BUYERS
This page (together with the documents referred to on it) tells you the terms and conditions on which we (High Fashion House Limited, trading as High Fashion Society) supply any of the products (Products) listed on our website www.highfashionsociety.com (our site) to you. By ordering any Products, you agree to be bound by these terms and conditions (Terms).
Please click on the button marked "I Accept" at the end of these Terms if you accept them. Please understand that if you refuse to accept these Terms, you will not be able to order any Products from our site.
1. INFORMATION ABOUT US
1.1 www.highfashionsociety.com is a site operated by High Fashion House Limited trading as High Fashion Society (we). We are registered in England and Wales under company number 07339372. Our registered office and main trading address is 34 South Molton Street, London W1K 5RG.
1.2 We are not currently registered for VAT.
2. HOW THE CONTRACT IS FORMED
2.1 By placing an order through our site, you warrant that you are legally capable of entering into binding contracts and you are at least 18 years old.
2.2 After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to buy a Product. All orders are subject to acceptance, and we will confirm such acceptance to you by sending you an email that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract (Contract) will only be formed when we send you the Dispatch Confirmation.
2.3 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
3. OUR STATUS
3.1 Please note that we accept orders as agents on behalf of third party sellers and not as the principal, subject to these Terms. You acknowledge therefore that we act as an agent for an unnamed principal.
3.2 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from companies to whose website we have provided a link on our site will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.
4. CONSUMER RIGHTS
4.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 8 below).
4.2 To cancel a Contract, you must inform us in writing. You must also return the unused Product(s) to us immediately, in the same condition in which you received them and in the same packaging, and at your own cost and risk. You must send them by courier or other form of secure and insured carriage. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
4.3 Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.
5. AVAILABILITY AND DELIVERY
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances. We use trusted couriers to deliver our Products. It is your responsibility to rearrange delivery with the courier if you are unavailable at no additional cost to us.
6. RISK AND TITLE
6.1 The Products will be at your risk from the time of delivery.
6.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
7. PRICE AND PAYMENT
7.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
7.2 These prices include VAT, if applicable, but exclude delivery costs, which will be added to the total amount due.
7.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
7.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
7.5 High Fashion Society is under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
7.6 Payment for all Products must be by credit or debit card. We will not charge your credit or debit card until we dispatch your order. We will not dispatch any orders unless your credit or debit card payment has been authorised by the relevant card merchant.
8. OUR REFUNDS POLICY
8.1 When you return a Product to High Fashion Society:
(a) because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 4.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product only and not the cost of sending the item to you. You will be responsible for the cost of returning the item to us unused and in the same condition as you received it and in its original packaging with High Fashion Society swing tags and stickers still attached. We must receive your return within 5 working days of the return being accepted.
(b) for any other reason (for instance, because you claim that the Product is defective), we will examine the returned Product and, where you have a valid claim, will notify you of your refund via e-mail within a reasonable period of time, usually within 30 days.
8.2 We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
8.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
9. OUR LIABILITY
9.1 As the Products are usually pre-owned, all are sold on an 'as seen' basis, based upon the descriptions and images appearing on our website. You acknowledge, however, that such Products may show signs of wear and usage, as is typical of pre-owned items.
9.2 We do take every reasonable step to verify authenticity of Products, but if they are later found to be counterfeit or 'fake' items we will refund the purchase price to you. We shall use all reasonable efforts to provide descriptions on our Websites of any flaws, stains or damage affecting any Products, to the extent that they are reasonably apparent upon our inspection.
9.3 Our liability for losses you suffer as a result of this agreement is strictly limited to the purchase price of the Products you purchased.
9.4 This does not include or limit in any way our liability:
(a) for death or personal injury caused by our negligence;
(b) for fraud or fraudulent misrepresentation; or
(c) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
9.5 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data;
(f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.
10. IMPORT DUTY
10.1 If you order Products from our site for delivery outside the UK, shipping costs are extra (unless we have agreed otherwise in writing). The Products may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
10.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
11. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our High Fashion Society site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this 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 condition does not affect your statutory rights.
All notices given by you to us must be given to High Fashion House Limited at firstname.lastname@example.org We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in clause 11 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email 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 email, that such email was sent to the specified email address of the addressee.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
13.1 The Contract is binding on our respective successors and assigns.
13.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
14. EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
14.2 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:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks;
(f) the acts, decrees, legislation, regulations or restrictions of any government.
14.3 Our performance under any Contract 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 Contract may be performed despite the Force Majeure Event.
15.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, 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 shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these Terms or any provisions of a Contract 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 any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract.
17.2 We each acknowledge that, in entering into a Contract, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (Representation) of any person (whether a party to that Contract or not) other than as expressly set out in these Terms.
17.3 Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these Terms.
17.4 Nothing in this clause shall limit or exclude any liability for fraud.
18. OUR RIGHT TO VARY THESE TERMS
High Fashion Society has the right to revise and amend these Terms from time to time. You will be subject to the policies and Terms in force at the time that you order the Products, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary within seven working days of receipt by you of the Products).
19. LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) will be governed by English law and shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
TERMS AND CONDITIONS FOR SELLERS
We at, High Fashion Society, are delighted that you have decided to sell products via our www.highfashionsociety.com website (the Website). High Fashion Society is a trading name of High Fashion House Limited of 34 South Molton Street, London W1K 5RG.
As you are aware, www.highfashionsociety.com is an online agency for pre-owned fashion items and accessories (Products). We are only prepared to sell authentic designer brands that are in new, nearly new, excellent or very good condition.
We understand that you wish us to advertise your own Products for sale on our Website. This document sets out the terms of the arrangement between us relating to the Products and other materials you may provide to us.
By registering with us to sell your Products, you agree to be bound by these terms and conditions (Terms). If you do not agree with them, do not register with us or send us your Products or other materials.
1. APPLICATION OF TERMS
1.1 These Terms sets out the only conditions under which we, High Fashion Society, are prepared to deal with you and any supply of Products by you to us shall be on these Terms, to the exclusion of any others. You agree to waive any right which you might otherwise have to rely on such other terms and conditions.
1.2 These Terms apply to all Products and any related materials supplied by you and any variation to these Terms will only be effective if expressly agreed in writing and signed by us.
1.3 By registering with us and sending us your Products or any materials promoting such Products you are deemed to have accepted these Terms.
2. RIGHT FOR US TO SELL YOUR PRODUCTS
2.1 You will need to register with us to sell Products via our Website. Standard membership is free of charge. There is an annual fee for VIP membership of £99 payable annually in advance (see clause 2.3).
2.2 By registering with us and sending your Products to us, you grant us the exclusive right as your agent to advertise your Products on, and sell your Products via, the Website. As such, you agree not to offer the same Products for sale through any other means, either via any other person or organisation or by you personally.
2.3 We offer the following levels of registration:
a) Standard Registration – This is free of charge. We agree a resale price for your Products with you and we deduct our commission rate (50% of the sales price, less any VAT, carriage, delivery and insurance costs) and any applicable VAT on top;
(b) VIP Registration – an annual fee of £99 (excluding VAT) payable in advance in one instalment on the date of registration. We agree a resale price for your Products with you and we deduct our commission rate from the final sale price (35% of the sales price for items sold over £150 - items sold for £150 or less with be charged at the standard membership commission rate of 50%, less any VAT, carriage, delivery and insurance costs) and any applicable VAT on top. If you do not renew your annual VIP Registration, you will automatically transfer to a Standard Registration. A 2.4% transaction fee will be applied to all final sales.
2.4 You can pay our High Fashion Society registration fees by credit or debit cards. All registration fees are non-refundable.
2.5 Your application for registration and your request to us to accept your Products for sale via our Website shall be deemed to be an offer by you to us, High Fashion Society, to act as your agent subject to these Terms, subject to acceptance by us.
2.6 We have the right to refuse registration and the acceptance of any Products in our sole discretion.
2.7 You acknowledge that we will be selling the Products via the High Fashion Society Website as your agent. We will not disclose your identity on our Website, but we shall make it clear to all buyers accessing our Website that the Products are held by us for onward sale as agent for an unnamed principal. In the event, however, that you are in breach of these Terms, we reserve the right to disclose your identity to third parties, including to any law enforcement agencies.
3. PRODUCTS INFORMATION
3.1 All Products to be offered for sale via our High Fashion Society Website are subject to approval by us. As part of this approval process you are required to let us have certain information about you and the Products for sale (Information).
3.2 The required Information includes (but is not limited to) your full name, address and contact details, accurate and complete details of condition of the Product, age, materials, original purchase price (including proof of purchase, certificates of authenticity and original packaging, wherever possible), photographs of the Products, your required sale price and any other information we specify.
3.3 You shall be responsible for the accuracy and completeness of the Information provided to us, including for the detailed descriptions of Products and their condition. You will also be required to confirm that you own the Products and have the right to sell them. Further details of the required Information appear elsewhere on our Website.
3.4 We then notify you by email as soon as reasonably practicable whether we approve your Products for resale and give you a guidance price range for the sale of your Products (Guide Price). If you wish to proceed on that basis you are then be required to send the Products to us at your own cost.
3.5 You should send us the Products by post or by courier on a signed for basis at your cost. Alternatively you may hand deliver the Products to our offices by prior arrangement. In certain circumstances we may be prepared to collect the Products from you, subject to your payment of an additional fee.
3.6 All Products are at your risk until we are in possession of them. You are recommended to insure your Products during delivery and transit. We are responsible for your Products whilst they are in our possession.
3.7 Upon receipt of your Products we will manually inspect each item to assess condition, authenticity and any undeclared damage which may affect our original Guide Price. If we recommend a revised Guide Price we will notify you by email within 3 working days of receipt of your Products. You should notify us in writing within a further 3 working days whether the revised Guide Price is acceptable to you or whether you wish us to return the Products to you at your cost.
3.8 Should we deem (in our absolute discretion) at any time that any Products are counterfeit copies or otherwise of doubtful authenticity or ownership, we shall withdraw the Products from the Website and/or return the Products to you within a reasonable period, subject to you first reimbursing the costs of carriage.
3.9 Display of your Products or Information on the Website shall be entirely at our discretion. We reserve the right in our sole discretion at any time to refuse any Products or Information for inclusion on the Website and/or remove them from the Website without giving any reason.
3.10 Without prejudice to our rights under paragraph 3.9, we would usually leave the Products and Information on our Website until the Products have been sold. If such Products have not been sold within 6 weeks of initial advertising on our Website we would ask you to consider a revised Guide Price. If you do not want to accept the revised Guide Price we shall decide in our sole discretion whether we would wish to continue to advertise your Products on our Website at the original Guide Price. If not we would return the Products to you at your cost as soon as reasonably practicable.
3.11 If the Products have still not been sold via the Website within six months of original posting, we would normally give you one week's notice by email that we no longer wished to advertise such Products. We would return them to you at your cost. In such circumstances you may then offer the Products for sale to any third party via any other organisation.
3.12 If you ask us to withdraw the Products from the Website at any time during the first six month other than because we have suggested a revised Guide Price we will return the Products to you, subject to you first paying us carriage costs plus an administration fee of 10% of the then current Guide Price.
3.14 We make no representations or warranties as to the average traffic levels through the Website, the number of prospective enquiries or orders for Products that might be expected by you.
3.15 Whilst we use all reasonable endeavours to ensure that the Website is available at all times, we make no warranty that the Website 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 the Website is free of viruses or bugs or is fully functional, accurate or reliable. You agree to create and maintain a back-up copy of any Information you upload to the Website.
4. BUYING YOUR PRODUCTS
4.1 Once you have agreed a Guide Price, you will be deemed to have accepted irrevocably any offer made by a buyer to purchase your Products at that Guide Price unless you have given us beforehand written notice that you wish to withdraw your Products from the Website.
4.2 In the unusual circumstances where we have a customer who offers to buy your Products at a price lower than the Guide Price, we will notify you by email, giving details of the proposed price. You agree to provide us with a mobile telephone number, email address or other contact information where we can contact you at all times. You agree to respond in writing to such offer within 24 hours of such contact by us, indicating whether or not such reduced offer is acceptable to you.
4.3 We may, from time to time, contact you by email requesting your participation in special promotions or sales, inviting you to consider a reduction of your Guide Price. Unless you agree in writing to such reduced Guide Price in writing, the original Guide Price will apply.
4.4 Once you have accepted any reduced offer or where you are deemed to have accepted an offer at the Guide Price the contract is made for the sale of the Products on the agreed terms. You may not cancel such contract once it has been agreed by you.
4.5 You acknowledge that customers have 7 working days after delivery to reject the Products for any reason. If a customer returns the Products to us, you will not be entitled to any payment for such returned Products.
4.6 If Products are returned to us by a customer, we will notify you by email and tell you whether we are prepared, in our sole discretion, to offer the Products for resale again via the Website. If we do not want to reoffer them, we will return them to you at your cost using a courier or similarly secure service.
4.7 Any returned Products will be at your risk once we have dispatched them to you.
5. PAYING FOR YOUR PRODUCTS
5.1 High Fashion Society shall pay you for your Products within 30 days of the later of the following events:
(a) 14 days after delivery of the Products to the customer, where the consumer has not exercised his or her statutory right return the Products to us within the prescribed 'cooling off' period;
(b) the date on which our customer pays us or the customer's credit card merchant pays us, as applicable.
5.2 The price High Fashion Society pays you for your Products shall be calculated as follows: the purchase price paid for the Products by the customer, less our commission rate (as detailed in clause 2.3 or otherwise agreed between us in writing) and any delivery or insurance costs or sales taxes, such as VAT.
5.3 You cannot change the price or levy any extra charges.
5.4 We shall pay you for your Products in pounds sterling by bank transfer to an account held in your name, details of which you must provide to us or by cheque to the address you notify us when you register on our Website.
5.5 Without prejudice to any other right or remedy, we reserve the right to set off any amount owing to us at any time by you against any amount payable by us to you.
5.6 Without prejudice to clause 7.1, you acknowledge that where any customers seek for any legitimate reason to recoup any purchase price for the Products from us, High Fashion Society, following purchase, you will be required to indemnify us in respect of any such claim, as well as being responsible for the payment of our commission rate and reimbursement of any of our expenses (and any VAT, if applicable).
6.1 You warrant to us that:
(a) you are over 18 years of age;
(b) you have the legal right to sell your Products;
(c) the Information you provide to us shall be complete, accurate and truthful;
(d) the Information and your Products do not infringe any third party's Intellectual Property Rights (defined below), other proprietary rights or rights of publicity or privacy;
(e) the Information and your Products do not violate any law, statute or regulations;
(f) the Information is not defamatory, libellous, unlawfully threatening or unlawfully harassing;
(g) the Information and your Products are not obscene or pornographic and do not contain child pornography;
(h) the Information and your Products do not violate any laws, regulations or relevant codes of conduct regarding unfair competition, anti-discrimination, advertising or false advertising; and
(i) the Information does not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(j) the Products are in a clean and hygienic condition, free from soiling;
(k) the Products are free from infestations, such as by moths, other insects, larvae and other live organisms.
6.2 Intellectual Property Rights means all intellectual property rights wherever in the world arising (registered, unregistered or subject to application), including copyright, know-how, confidential information, trade secrets, business names and domain names, trade marks, patents, design rights, database rights and all rights in the nature of unfair competition rights or rights to sue for passing off.
6.3 For the avoidance of doubt, attempting to sell counterfeit ('fake') goods or products which contain ivory or any other animal substance which comes from any endangered species (as defined in the Convention on International Trade in Endangered Species) will amount to a breach of the warranty set out in paragraph 6.1.
7.1 You shall keep us indemnified in full against all direct, indirect and consequential liabilities (including, but not limited to, loss of profits, loss of business and loss of contracts), loss, damages, injury, costs and expenses (including legal and professional fees) awarded against or paid by us in connection with:
(a) defective workmanship, quality or materials;
(b) any breach of the warranties set out in paragraph 6.1;
(c) and any claim made against us in respect of any liability, loss, damage, injury, cost or expense sustained by us, or by any customer or third party where such loss, damage, injury, cost or expense was caused by, relates to or arises from the Products as a consequence of your direct or indirect breach or negligent performance or failure or delay in performing the terms of this agreement or any contract for the sale of Products;
(d) all costs, claims, damages, losses and expenses arising as a result of any claim or action suffered by us in acting as your agent in performing our obligations under this agreement.
8. LIMITATION OF REMEDIES AND LIABILITY
8.1 Nothing in this agreement shall operate to exclude or limit our liability for:
(a) death or personal injury caused by our negligence; or
(b) fraud; or
(c) any other liability which cannot be excluded or limited under applicable law.
8.2 We shall not be liable to you for any loss of profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity, or for any indirect or consequential loss or damage.
8.3 Subject to paragraph 8.1, High Fashion Society's aggregate liability to you in respect of claims based on events in any calendar year arising out of or in connection with this agreement, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed the lower of: (i) the market value of the Products to which any claim relates (which shall be no higher than the current Guide Price); or (ii) fees paid by us to you for Products in the twelve-month period immediately preceding any claim.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 You agree that all trade marks, trade names, logos, URLs, or identifying slogans, whether or not registered (Trade Marks) associated with our services, products, literature, promotional materials or otherwise, are owned by us or licensed to us.
9.2 We retain all Intellectual Property Rights in the Website, and our Trade Marks. Nothing in this agreement grants you any rights in respect of such Intellectual Property Rights.
9.3 Any information provided by visitors to the Website (such as name, address and e-mail address) collected through any user registration purpose or otherwise shall be owned by us.
10. DATA PROTECTION
11.1 You may not assign or transfer any of your rights and obligations under this agreement. We may assign or transfer any of our rights under this agreement, provided that we give you advance notice.
12. ENTIRE AGREEMENT
12.1 Neither party shall have any remedy in respect of any untrue statement (whether written or oral) made to it upon which it relied in entering into this agreement, and neither party shall have any liability other than subject to the express terms of this agreement. Nothing in this paragraph, however, shall exclude or limit either party's liability for fraudulent misrepresentation.
13. THIRD PARTY RIGHTS
13.1 This agreement is made solely for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person.
14.1 A waiver of any right under these Terms is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given.
15.1 If any provision of these Terms is found to be invalid, unenforceable or illegal, the other provisions shall remain in force. If the invalid, illegal or unenforceable provision could be amended or deleted to make it valid, legal and enforceable, appropriate modifications shall be made as necessary to give effect to the commercial intentions of the parties.
16. GOVERNING LAW AND JURISDICTION
16.1 These Terms and any disputes or claims arising out of or in connection with their subject matter are governed by the exclusive jurisdiction of the English courts.
16.2 Nothing in paragraph 16.1 shall limit our right to take proceedings against you in any other court of competent jurisdiction. The taking of proceedings in any one or more jurisdictions shall not preclude any proceedings in any other jurisdictions (whether concurrently or not) to the extent permitted by the law of such other jurisdiction.
16.3 Each of us irrevocably consents to any documents in any legal action or proceedings arising out of this agreement being served on us at the relevant address set out in these Terms (or as otherwise notified to the other from time to time), but nothing contained in these Terms shall affect the right to serve documents in any other manner permitted by law.
ACCESSING OUR SITE
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
INTELLECTUAL PROPERTY RIGHTS
We, High Fashion House Limited, trading as High Fashion Society, are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You must not modify any paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
OUR SITE CHANGES REGULARLY
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
o loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time; and
o for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
TRANSACTIONS CONCLUDED THROUGH OUR SITE
Contracts for the supply of goods and/or services formed through our site or as a result of visits made by you are governed by our terms and Conditions for Buyers and for Sellers.
UPLOADING MATERIAL TO OUR SITE
Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with our content standards set out below. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out below.
You may use our www.highfashionsociety.com site only for lawful purposes. You may not use our site:
• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below.
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
• Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.
• Not to access without authority, interfere with, damage or disrupt any part of our site, any equipment or network on which our site is stored, any software used in the provision of our site, or any equipment or network or software owned or used by any third party.
These content standards apply to any and all material which you contribute to our High Fashion Society site (contributions).
Contributions must not:
* Contain any material which is defamatory of any person.
* Contain any material which is obscene, offensive, hateful or inflammatory.
* Promote sexually explicit material.
* Promote violence.
* Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
* Infringe any copyright, database right or trade mark of any other person.
* Be likely to deceive any person.
* Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
* Promote any illegal activity.
* Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
* Be likely to harass, upset, embarrass, alarm or annoy any other person.
* Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
* Give the impression that they emanate from us, if this is not the case.
* Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Failure to comply with our acceptable use policy constitutes a material breach of the terms upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
* Immediate, temporary or permanent withdrawal of your right to use our site.
* Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
* Issue of a warning to you.
* Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
* Further legal action against you.
* Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. High Fashion Society will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
High Fashion Society will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
LINKING TO OUR SITE
You may link to our High Fashion Society home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out above.
If you wish to make any use of material on our site other than that set out above, please address your request to email@example.com.
LINKS FROM OUR SITE
Where the High Fashion Society site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
JURISDICTION AND APPLICABLE TO LAW
'High Fashion House', 'High Fashion Society' and www.highfashionsociety.com are our trade marks.
If you have any concerns about material which appears on our site, please contact firstname.lastname@example.org.
Thank you for visiting our site.