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Terms and Conditions

Terms and Conditions

(1) Introduction

These terms of use govern your use of our website; by using our website, you agree to these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website.

You must be at least 18 years of age to use our website. By using our website and by agreeing to these terms of use, you warrant and represent that you are at least 18years of age.

Our website uses cookies. By using our website and agreeing to these terms of use, you consent to our use of cookies in accordance with the terms of our privacy policy and cookies policy.

(2) Credit

This document was created using an SEQ Legal template.

(3) Licence to use website

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

You must not:

(a) republish material from this website (including republication on another website);

(b) sell, rent or sub-license material from the website;

(c )show any material from the website in public;

(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;

(e )edit or otherwise modify any material on the website; or

(f) redistribute material from this website [except for content specifically and expressly made available for redistribution (such as our newsletter).

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

(4) Acceptable use

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; orin any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, root kit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

You must not use our website to transmit or send unsolicited commercial communications.

You must not use our website for any purposes related to marketing without our express written consent.

(5) Restricted access

Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.

If we provide you with / you generate a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that the password is kept confidential.

You must notify us in writing immediately if you become aware of any unauthorised use of your account or password.

You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.

You must not use any other person's user ID and password to access our website, unless you have that person's express permission to do so.

We may disable your user ID and password at any time in our sole discretion with or without notice or explanation.

(6) User content

In these terms of use, "your content" means material (including, without limitation, text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your content in any existing or future media. You also grant to us the right to sub-license these rights and the right to bring an action for infringement of these rights.

You warrant and represent that your content will comply with these terms of use.

Your content must not be illegal or unlawful, must not infringe any third party's legal rights and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

You must not submit any content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

Notwithstanding our rights under these terms of use in relation to your content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

(7) Limited warranties

We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

(8) Limitations and exclusions of liability

Nothing in these terms of use will:(a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c)limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.1

The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under these terms of use or in relation to the subject matter of these terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

The limitations and exclusions of liability in this paragraph will apply whether or not the liability in question arises out of any [reckless, deliberate, personal and/or repudiator conduct or breach of contract

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

(9) Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

(10) Breaches of these terms of use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in anyway, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

(11) Variation

We may revise these terms of use from time to time. Revised terms of use will apply to the use of our website from the date of publication of the revised terms of use on our website.

(12) Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

(13) Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable,the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

(14) Exclusion of third party rights

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

(15) Entire agreement

Subject to the first paragraph of Section [8], these terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements in respect of your use of our website.

(16) Law and jurisdiction

These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the exclusive jurisdiction of the courts of England and Wales.

(17) Registrations and authorisations

We are registered with Companies House. You can find the online version of the register at www.companieshouse.com. XANA’s Boutique’s registration number is 08602269.

(18) Our details

The full name of our company is XANA’S BOUTIQUE LTD
We are registered in England and Wales under registration number 08602269

Our registered address is:
XANA's Boutique Ltd
Collective Temperance Hospital
110 Hampstead Road
London
NW1 2LS
United Kingdom
    

You can contact us by email to info@xanasboutique.com

(19) Discount

XANA’s Boutique Discount Codes entitle you to an extra percentage (specific to the Discount Code in question) off your next online order from www.xanasboutique.com. To claim your discount, enter the specific promotion code before prompted to enter your payment details at the checkout.

Discount Codes can only be used once per customer, cannot be used in conjunction with any other promotion or offer, remain our property and are not transferable. There is no cash alternative. We reserve the right to withdraw and refuse or restrict any order at any time.

Discount Codes are only valid on xanasboutique.com for payments made by residents of the United Kingdom and Ireland in Sterling. Goods are supplied subject to our terms and conditions, which can be found at xanasboutique.com.

International Purchase and Shipping

“International” means countries other than the United Kingdom

International Delivery Services Additional taxes, fees or levies may apply according to local legislation. Recipients of deliveries made outside the UK may have to pay import duty or formal customs entry fees. Any customs or import duties are charged once the goods reach the destination country and these charges are your responsibility and must be paid by the recipient. Unfortunately we have no control over these charges and cannot tell you what the cost would be as customs policies and import duties vary from country to country.

In addition some countries have import restrictions on certain products or materials. You are responsible for determining whether there are any restrictions on delivery of our products to your selected destination. You can contact your local customs office for assistance regarding these matters.

Delivery may be delayed by local customs because of this but unfortunately this is out of our control.

Lost Parcels We will begin our missing parcels procedure if your order fails to arrive within 10 days (UK only) and 25 days (International) of despatch and you notify us in writing. We will investigate your claim and if we are satisfied that the non-arrival of the Product(s) was attributable to us then a refund will be credited to the credit/debit card which was used to place the order. Please note that we may refuse to make future deliveries to addresses that are considered to be insecure. In this event you will be contacted by our service team and asked to provide an alternative delivery location for future orders.

IMPORTANT TO REMEMBER - If You are returning Product(s) paid for on your credit or debit card, We will make a credit adjustment directly to your card account, Please remember that if You can’t produce a Certificate of Posting from Your Postal Service then We will not be able to credit your account if the parcel goes missing.

Banks and international credit/debit card issuers will determine exchange rates and may make additional charges, which you are liable to pay.

If you return your goods to us using the postal service, refunds will be issued in the currency in which you originally paid for the purchase. Banks and international credit/debit card issuers will determine exchange rates.

The prices shown on our website are inclusive of VAT (or similar sales tax). All XANA’s Boutique products are priced in British Pound Sterling (£ GBP). The price charged to our overseas customers will be determined by the exchange rate applied by the customer’s credit or debit card company, at the time the transaction takes place.

Please note that all XANA's Boutique orders are shipped from the UK. Any import duties and taxes payable, will be charged once the parcel has reached the destination country. These charges must be paid by the recipient of the parcel. If you have any questions related to customs charges, please contact your local customs office.

Returns to us are at your cost and you should keep evidence of having sent the items, such as a certificate of posting. In all cases the items must be in their original condition. You must return the items to us in accordance with the terms of sale.