TERMS AND CONDITIONS

The BlueVelvetBoutique.co.uk website (“Web Site”) is wholly owned and operated by B. Velvet Designs Ltd.

This agreement applies as between you, the User of this Web Site and B. Velvet Designs Ltd trading as Blue Velvet, the owner(s) of this Web Site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.

TERMS OF USE

Persons under the age of 18 should use this Web Site only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.

This Web Site is for your personal use only. You may not commercially exploit, or carry out unauthorized copying or distribution of any of its content. Content is defined as any graphics, photographs, including all image rights, or text on this Web Site. You may not use this Web Site, or any of its content, to further any commercial purpose, including any unauthorized advertising activity on your own site.

Content and Intellectual Property Rights

Blue Velvet tries its best to ensure that the information on the Web Site is accurate and complete. However, Blue Velvet does not warrant that Blue Velvet’s content is error-free. Your use of the Web Site is at your own risk.

By using this Web Site you agree that all copyright, designs, trademarks and all other intellectual property rights relating to the content of this Web Site including all HTML and other code contained in this web site are the property of Blue Velvet. All content, including third party trademarks, designs and related intellectual property rights displayed on this Web Site are protected by national intellectual property and other laws and international treaty provisions. Any unauthorized reproduction or redistribution of the Blue Velvet web site content is prohibited and may result in civil penalties.

Availability of the Web Site

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.

Blue Velvet accepts no liability for any disruption or non-availability of the Web Site 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.

Registration / Creating an Account

To use some of the features on the Blue Velvet Web Site, you will need to register (create an “Account”). When you register, you are required to provide accurate and current information about yourself in all respects. Should any of your registration information change, please notify us by e-mailing at info@bluevelvetboutqiue.co.uk.

It is recommended that you do not share your Account details, particularly your username and password. Blue Velvet 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.

If you have reason to believe that your Account details have been obtained by another without consent, you should contact Blue Velvet 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, Blue Velvet accepts no liability or responsibility.

For more information regarding Blue Velvet privacy policy please see our Privacy Policy.

By placing an order on the Blue Velvet Web Site you are agreeing to the following terms of Order and Purchase.

TERMS OF ORDER AND PURCHASE

Order

In order to purchase products through the Blue Velvet Web Site, you will be requested to register and provide your personal details. It is imperative that you provide correct and current information in order to ensure a seamless order fulfillment process.

All orders are subject to acceptance and availability.

Blue Velvet offers products for sale that are in stock.

Occasionally, however, we may be waiting for shipments from our suppliers and the item will not be in stock and therefore will be displayed as “Sold Out”. In this case you can contact us and depending on the estimated delivery time, you have the choice either to secure the product by making an advance payment or to be listed on a waiting list to be notified as soon as the product is available in stock.

Please note that the waiting list will be processed on a first come first served basis. However, customers who have made an advance payment will have priority over those customers who have simply enlisted in the waiting list.

Once your order is placed, you will receive a notification e-mail from Blue Velvet acknowledging that we have received your order, providing you with your order summary and supplying you with an order reference number. This does not mean that your order has been confirmed.

Purchase

All prices on the Blue Velvet Web Site are in GBP and inclusive of VAT.

Your order is accepted and sale is completed when we dispatch the goods to you. At this stage you will be sent a notification e-mail with the invoice as an attachment. In order to limit the use of paper, Blue Velvet only includes a delivery note with the shipped package. In case you require a printed invoice, please notify us by e-mailing us at sales@bluevelvetboutique.co.uk no later than 14 days of the date of your order. Please make sure you include your order reference number in your e-mail.

Blue Velvet insures each purchase until it is delivered to you. As the Royal mail Special delivery requires a signature, you will be asked to sign for any products delivered at which point responsibility for your purchased products passes to you.

Payment

Blue Velvet Web Site uses the HSBC secure e-payment system using a dedicated SSL certificate.

Customers can pay using American Express, Visa Credit and Debit card, Maestro, Electron, Master card and Solo.

When ordering products, you will be required to provide payment details and you warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the Billing information provided.

Once the payment is processed successfully by HSBC, you will receive a notification sent to you directly from B.Velvet Designs Ltd.

Return or Exchange

Blue Velvet operates a flexible return or exchange policy. For more information please see our Return policy.

Limitation of Liability

To the maximum extent permitted by law, Blue Velvet 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 Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.

Nothing in these Terms and Conditions excludes or restricts Blue Velvet’s liability for death or personal injury resulting from any negligence or fraud on the part of Blue Velvet.

Nothing in these Terms and Conditions excludes or restricts Blue Velvet’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 Web Site.

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.

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.

Changes to the Service and these Terms and Conditions

Blue Velvet reserves the right to change the Web Site, 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 Web Site following the changes. If Blue Velvet 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.

GOVERNING LAW

These Terms and Conditions together with all our policies and procedures will be governed by and construed in accordance with the laws of England and Wales and you agree to submit to the exclusive jurisdiction of the courts of England and Wales.

Blue Velvet      The Online Boutique for Contemporary Designer Accessories

Copyright © Blue Velvet 2007