Terms and Conditions
THIS DOCUMENT SETS OUT THE TERMS ON WHICH THE DESIGNER LOOKBOOK LIMITED (“DLB”) PROVIDES YOU WITH ACCESS TO WWW.THEDESIGNERLB.COM (THE “WEBSITE”). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE. YOU ACKNOWLEDGE THAT BY CLICKING ON THE BUTTON MARKED ‘I ACCEPT’ OR BY USING THE WEBSITE (WHOLLY OR PARTLY) IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU WILL NOT BE ABLE TO USE THE WEBSITE AND/OR PLACE YOUR ORDER FOR ANY OF THE PRODUCTS MADE AVAILABLE FOR PURCHASE (THE “PRODUCTS”) THROUGH THE WEBSITE.
YOU ARE ADVISED TO PRINT AND RETAIN A COPY OF THESE TERMS FOR YOUR FUTURE REFERENCE
1. INFORMATION ABOUT THE DESIGNER LOOKBOOK LIMITED AND THE WEBSITE
1.1 The Website is owned and managed by The Designer Lookbook Limited, a company registered in England and Wales with the company registration number 07579301 and having its registered address at 19A Goodge Street, London W1T 2PH.
1.2 DLB provides you with the facility to view, browse and make purchase of the Products from the designers (“Designers”) using the Website. You understand and agree that the Products are not supplied by DLB nor does DLB participate in any part of the sale and purchase transaction between you and the Designers. DLB is not directly involved in the transaction between you and Designers. Consequently, you further acknowledge and agree that any contracts for the purchase of the Product shall be strictly between you and the Designer of that Product.
1.3 DLB shall be entitled at its own discretion to suspend the Website for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any such suspension or unavailability of the Website.
1.4 DLB reserves the right to make any changes to the Website including any functionalities and content therein or to discontinue any aspect of the Products or features of the Website therefor without notice.
1.5 DLB may be contacted by email at email@example.com.
2 PRELIMINARY INFORMATION
2.1 In order to use to the Website, you warrant that:
2.1.1 you are legally capable of entering into any binding contracts;
2.1.2 you are at least 18 years old and above; and
2.1.3 you are not in any way prohibited by the applicable law in the jurisdiction which you are currently located to enter into these Terms.
3 FORMATION OF CONTRACT
3.1 The date of commencement of your Contract with DLB shall be determined upon your first use of the Website, and such Contract shall be effective and in force until terminated by either party in accordance with clause 5 of these Terms.
3.2 Notwithstanding the foregoing, we reserve the right at our sole and absolute discretion and for whatever reason to refuse you access to the Website (partly or wholly).
4 TERM AND TERMINATION
4.1 Unless otherwise expressly set out to the contrary herein, DLB’s Contract with you shall remain in force for the duration in which you access the Website, having use of certain features and functionalities therein.
4.2 DLB may suspend or terminate your access to the features and functionalities of the Website in the event that:
4.2.1 third party services and network providers cease to make the third party service or network available to DLB;
4.2.2 DLB believes that you or someone using your details has failed to comply with one or more of these Terms;
4.2.3 DLB believes that there has been fraudulent use, misuse or abuse of features and functionalities of the Website (in whole or in part);
4.2.4 DLB believes that you have provided it with any false, inaccurate or misleading information; or
4.2.5 DLB believes that you are in the business of re-selling, promoting the Products or any aspect of the Website for resale or if you are otherwise engaged in all other similar activities.
4.3 Upon termination of your Contract with DLB, your access to the features and functionalities of the Website (in whole or in part) shall cease.
5 YOUR OBLIGATIONS
5.1 You agree that you are solely responsible and liable for all activities on the Website.
5.2 You shall promptly notify DLB in the event there is a breach of security or any unauthorised use of your details.
5.3 You agree you shall not submit to appear on the Website, any review, comment, link or other material whatsoever (“User Submissions”) that may reasonably be deemed to be offensive, illegal, inappropriate or in any way:
5.3.1 promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
5.3.2 harass or advocate harassment of another person;
5.3.3 display pornographic or sexually explicit material;
5.3.4 promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
5.3.5 promote any illegal activities;
5.3.6 provide instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;
5.3.7 promote or contain information that you know or believe to be inaccurate, false or misleading;
5.3.8 engage in or promote commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without the prior written consent of DLB; or
5.3.9 infringe any rights of any third party.
5.4 You acknowledge that making a User Submission does not guarantee that such User Submission, or any part thereof, shall appear on the Website, but agree that DLB may, at its sole discretion, choose to display any User Submission or any part of a User Submission that you make on the Website and hereby grant to DLB a non-exclusive, perpetual, irrevocable, worldwide licence to do so.
5.5 You warrant and represent that you own or are licensed to use any and all the intellectual property rights in any User Submissions that you make to the Website.
5.6 You hereby grant to DLB a non-exclusive, irrevocable licence to make your User Submissions available to the Designer and other users of the Website and to edit your User Submissions in the event that DLB deems it necessary or desirable to do so for any reason.
5.7 If you feel that any User Submission made by the Designers and/or other users is objectionable, you are encouraged to contact DLB using the contact details set out in clause 1 or as set out on the Website. DLB shall use its reasonable endeavours to review the relevant User Submission as soon as is practicable and shall take such action as it deems necessary, if any.
5.8 You further agree that at all times, you shall:
5.8.1 not use the information presented on the Website for any purposes other than those expressly set out in these Terms;
5.8.2 not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the Website or in respect of the network;
5.8.3 not use the Website, the content therein and/or do anything that will infringe any intellectual property right or other rights of any third parties;
5.8.4 not use any information obtained using the Website otherwise than in accordance with these Terms;
5.8.5 comply with all instructions and policies from DLB from time to time in respect of the Website;
5.8.6 co-operate with any reasonable security or other checks or requests for information made by DLB from time to time; and
5.8.7 use the information made available to you on the Website at your own risk.
5.9 In the event that DLB, in its sole and absolute discretion, considers that you have breached any of the terms set out in this clause 6, DLB shall reserve the right to take any action that it deems to be necessary, including without limitation, the termination forthwith and without notice, your use of and access to the Website; and in the case of illegal use, the instigation of legal proceedings as appropriate.
5.10 Without prejudice to any of DLB’s other rights and remedies, DLB reserves the right, in its sole and absolute discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of this clause 6.
6 YOUR CONTRACT WITH THE DESIGNER
6.1 If you wish to purchase the Product advertised on the Website, you may contact the Designer and finalise the purchase of the Product using the features and functionalities available to you on the Website.
6.2 You acknowledge and agree that DLB only provides you with the facility to browse the content of the Website, make User Submissions and to purchase the Products from the Designer using the Website. Consequently, you understand that DLB is not a participant in any way, in the sale and purchase process between you and the Designer.
6.3 You further acknowledge and agree that your purchase of the Product shall be governed by a contract between you and the Designer and DLB shall not be liable in any way and for any reason whatsoever in respect of the contract between you and the Designer for the purchase of the Product.
6.4 If you are unsure about the terms of the contract between you and the Designer for the purchase of the Product, DLB recommends that you seek legal advice prior to your purchase and/or use of the Product.
7 EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
7.1 All warranties, representations, guarantees, conditions and terms other than those expressly set out herein whether express or implied by statute, common law, trade usage or otherwise, and whether written or oral in respect of the Website and the Product, are hereby expressly excluded to the fullest extent permissible by law.
7.2 All information made available to or accessible by you or in respect of the Product including any User Submission or editorial materials provided by DLB or any third party are provided ‘As Is’ without any conditions, warranties, guarantees or terms of any kind and are intended as information only. Such information shall not in any way and for any reason at any time constitute advice of any nature. Consequently, any such information must not be relied on to assist in making or refraining from making a decision or to assist in deciding on a course of action.
7.3 You acknowledge that DLB shall have no control over the quality, price, condition or legality of the Products offered including without limitation any of the information provided by the Designers in respect of the transaction for the sale and purchase of the Product. DLB does not vet, review, screen or verify any such information made available on the Website by the Designers. Accordingly, DLB shall not be liable to you for any inaccuracies in respect of the information relating to a Product, the price of the Product or your transaction with the Designer.
7.4 Nothing in these Terms shall limit or exclude DLB’s liability in respect of:
7.4.1 death or personal injury resulting from negligence; or
7.4.2 any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by DLB.
7.5 Subject to clause 8.4, DLB shall not be liable for any indirect or consequential losses, expectations of a specific nature or anticipated outcome, anticipated savings, loss of management time, loss of profit, loss of data, loss of business and contract, loss of goodwill and reputation or any other loss however arising and whether caused by tort (including negligence), breach of contract or otherwise even if foreseeable arising out of or in connection with your use and/or reliance of the Website and the contents therein.
7.6 Links to third party websites may appear on the Website. Such third party websites are not the responsibility of DLB and DLB accepts no responsibility for the availability, suitability, reliability or content of such third party websites and does not endorse the views expressed therein.
7.7 Unless otherwise expressly set out to the contrary in these Terms, DLB’s liability to you in connection with your use of the Website and the contents therein shall be strictly limited to £100.
7.8 In the event you have a dispute with one or more of the Designers, you hereby release DLB from any claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such disputes.
8 INTELLECTUAL PROPERTY RIGHTS
8.1 DLB and its licensors own all rights in the intellectual property rights relating to the Website.
8.2 You are expressly prohibited from:
8.2.1 reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website including without limitation, any images in any format of the Products and submissions in the form of articles and write-ups made available on the Website; and
8.2.2 removing, modifying, altering or using any registered or unregistered marks/logos/design owned by DLB and/or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of DLB or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to DLB.
8.3 For any queries in respect of the intellectual property rights relating to the Website and the Products, please consult our Intellectual Property Policy by clicking here.
10.1 If DLB fails at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled to under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations.
10.2 A waiver by DLB of any default shall not constitute a waiver of any subsequent default.
10.3 No waiver by DLB of any of the Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
10.4 All notification and communication to DLB should be sent to the contact details set out in clause 1of these Terms or made available to you on the Website.
10.5 If any of these Terms 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 shall continue to be valid to the fullest extent permitted by law.
10.6 These Terms represent the entire agreement between you and DLB in respect of your use of the Website and shall supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
10.7 You acknowledge that in entering into these Terms, you have not relied on any representations, undertaking or promise given by or implied from anything said or written whether on the Website, the Internet or in negotiation between us except as expressly set out in these Terms.
10.8 These Terms are governed by and construed in accordance with English law. The Courts of England shall have exclusive jurisdiction over any disputes arising out of these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident (‘Local Law’). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.
11 DELIVERY POLICY
As DLB is an online marketplace connecting buyers with Designers, we are not involved with the shipment of goods purchased on our website. Each Designer has his or her own shipping method and timeframe for delivery, clearly visible on their respective website. Before adding an item, please check that you are in agreement with their policy.
12 CANCELLATION AND REFUND POLICY
Each Designer on DLB’s marketplace has his or her own policy as to refunds. Please be sure to check those policies on the Designer’s respective website. If you wish to cancel a transaction, please contact the Designer directly.
13 RETURN AND REFUNDS POLICY
Each Designer on DLB’s marketplace has his or her own policy as to returns. Please be sure to check those policies on the Designer’s respective website. If you wish to return a Product, please contact the Designer directly.
14 CONTACT DETAILS
THE DESIGNER LOOKBOOK LIMITED
This policy sets out the basis on which the personal data collected from you, or that you provide to us will be processed by us.
1. THE DESIGNER LOOKBOOK LIMITED
THE DESIGNER LOOKBOOK LIMITED (“DLB”) is a company registered in England and Wales with the company registration number 06843105 and having our place of business at Second Floor, Cardiff House, Tilling Road, London NW2 1LJ.
2. PERSONAL DATA COLLECTED FROM YOU
2.1. your name;
2.2. your geographical location; and
2.3. your email address,
(collectively, ‘Your Personal Data’).
We do not ever store any financial information from you. If you have provided us with the personal data of another person (‘Third Party Personal Data’), you confirm that they consent to the processing of their personal data and that you have informed them of our identity and the purposes (as set out above or elsewhere) for which their personal data will be processed.
3. USES MADE OF YOUR PERSONAL DATA
3.1 The security of Your Personal Data is very important to us and shall be kept safe and confidential on our secure server in protected facilities. DLB follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
3.2 We will use Your Personal Data that you provide to us:
3.2.1 to enable us to provide the services relevant to you;’
3.2.2 to alert you to any product and service changes and updated information; and
3.2.3 for administration and marketing purposes.
3.3 In the event you do not wish for us to use Your Personal Data for administration and marketing purposes, please either: (i) click on the ‘Unsubscribe’ link in the emails we have sent you (if any); or
(ii) contact our User Support Department by emailing firstname.lastname@example.org and advising us of your intention to be removed from our marketing database.
3.4 We shall not pass Your Personal Data to any third party including marketing affiliates and partners unless we have procured your express consent to do so.
4 RETENTION OF YOUR PERSONAL DATA
4.1 We take appropriate measures to ensure that any personal data are kept secure and are kept for only so long as is necessary for the purpose for which they are used.
4.2 If your personal details change or if you have any queries about how we use Your Personal Data, please notify DLB by emailing email@example.com.
4.3 We update Your Personal Data within five (5) working days of any new or updated personal data being provided to us, to ensure that the personal data we hold about you is as accurate and up to date as possible.
5 YOUR RIGHTS
5.1 You are entitled to ask for a copy of any personal data that we hold about you and to have any inaccuracies in your personal data corrected. If you wish to contact us for these purposes, please notify DLB by emailing firstname.lastname@example.org.
5.2 www.thedesignerlb.com or any designated unique resource locator (‘Website’) may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
6 DISCLOSURE OF YOUR INFORMATION
6.1 We may disclose Your Personal Data to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries (where applicable), unless we have procured your express consent to do so.
6.2 We may disclose Your Personal Data to third parties
6.2.1 in the event that we sell or buy any business or assets, ihich case we may disclose Your Personal Data to the prospective Designer or buyer (the disclosure of which shall be made under non-disclosure agreements) of such business or assets; or
6.2.2 if DLB or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets; or
6.2.3 if we are under a duty to disclose or share Your Personal Data as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Website.
7 COOKIES AND IP ADDRESSES
7.2 If you would like to delete any cookies that are already on your computer, please refer to the instructions for your file management software to locate the file or directory that cookies are stored in. If you would like to stop cookies being stored on your computer in the future, please refer to your browser manufacturer’s instructions by clicking ‘Help’ in your browser menu.
7.3 Please note that when you visit our site, we may also log your IP address, a unique identifier for your computer or other access device. We do not tie the IP address to Your Personal Data.
7.4 Public comments/Blogs. If you post a review or public comment on this website, you should be aware that any Personal Data you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the Personal Data you choose to submit in these forums.
9 CONTACT DETAILS
THE DESIGNER LOOKBOOK LIMITED
Effective date 01/12/2011