Use of this Site The content of this Site is owned by or licensed to Lipsy. You may not copy, reproduce, modify, distribute, republish, re-sell display, post or transmit any part of this Site without the permission of Lipsy. You may view or print individual pages only for your own personal use.
Lipsy may suspend, alter, restrict or terminate at any time access to or use of this Site.
Disclaimer of liability Unless expressly stated to the contrary, to the fullest extent permitted by law by Lipsy, its content providers, advertiser, or linked sites shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, consequential, special, punitive or incidental damages, or damages for loss of goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of, or related to the use, inability to use, performance or failures of this web site or linked sites, even if Lipsy has been advised of the possibility of such damages and irrespective of whether such damages arise in contract, tort, equity, restitution, by statute, at common law or otherwise. You have read this disclaimer and agree to it on the basis that you agree it is reasonable.
Disclaimer as to ownership of trademarks Except where expressly stated to the contrary all persons, products, services and locations featured on the Lipsy website are in no way connected, associated, linked or affiliated to Lipsy. Furthermore, unless it is expressly stated on the Lipsy website that a certain product, service or location is connected, associated, linked or affiliated to the makers, right owners or broadcasters (“The Makers”) of a film or programme you should not make such an assumption, or rely in any way of the existence of such a connection, association or affiliation by implication or otherwise. Any trademarks/names as maybe featured on the Lipsy website are owned by the respective trademark owners and Lipsy claims no connection, association or affiliation with them. Where a trademark (brandname) is referred to is used to describe or identify the products, services or locations (the “goods”) or else it is used to identify the file or programme where such goods appeared, but this is in way an assertion or claim that such goods are endorsed by or connected, associated, linked or affiliated to the makers of the relevant film or programme.
Indemnity You agree to indemnify, defend and hold harmless Lipsy, its directors, officers, partners, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your use of the Lipsy services, your breach of the Terms of Service, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.
Variation of content Lipsy shall have the right in its absolute discretion at any time and without notice to amend, remove or vary any of the content supplied in connection with the Service or which appears on any page of the Lipsy Web site.
Submissions All information and material submitted by you to Lipsy or that you publish on any public area of the Lipsy Web site shall be provided by the submitter and accepted by Lipsy on a non-confidential basis subject to paragraph 2 above. Furthermore, Lipsy shall be granted a perpetual royalty-free non-exclusive license in the copyright of any material submitted and Lipsy shall be free to use, edit, copy, republish and distribute (for any purpose) and authorise others to do the same, any such information or material and any ideas contained in such information or material.
Termination Lipsy may at any time terminate or suspend any part of the Service without notice to you.
Invalidity If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
Intellectual Property, Software and Content The intellectual property rights in all software made available and content supplied to you remains the property of Lipsy, its licensors, advertisers or content suppliers. You will comply with the terms of any agreement required by the owner of intellectual property rights in all software and content supplied to you as notified to you and you hereby acknowledge that all software that is not made readily available to you is confidential, and that all other rights including but not limited to database rights and copyright are asserted and reserved by Lipsy, its licensors, advertisers or content suppliers. You may store, manipulate, analyse, reformat, print and display the content supplied solely for your own personal use. In no event are you permitted to publish, distribute or otherwise reproduce in any format any of the content or copies of the content supplied to you or which appears on the Lipsy site and you are prohibited from using any such content in connection with any business or commercial enterprise including, without limitation, any media business or enterprise. You shall not modify, translate, reverse engineer, decompile, disassemble (except to the extent that applicable laws expressly or impliedly prohibit such restriction) or create derivative works based on any software or any documentation accompanying such software supplied by Lipsy, its licensors, advertisers or content suppliers. Lipsy are trade marks belonging to Lipsy Clothing. No license or consent is granted to you to use these marks in any way, and Lipsy reserves all rights in these and any related marks. You agree not to use these marks or any marks which are colourably similar without the written permission of Lipsy Clothing.
Content and advertisements This Site may contain links to other sites which are not under the control of and are not maintained by Lipsy. These links are provided for your convenience only and Lipsy is not responsible for the content or availability of those sites.
Data protection and privacy Any details that you provide to us from which we can identify you are held and processed in accordance with our Privacy Policy.
E-tail of Products and Services By making a request/order you are offering to purchase a product which we will accept to sell to you on the following Terms and Conditions. All requests are subject to availability and confirmation of the order price by us. Dispatch times may vary according to availability and any guarantees warranties or representations made as to delivery times are limited to mainland UK and are on the basis that we are not responsible for any delay in delivery occurring due to postal delays or force majeure. Lipsy are absolutely entitled to refuse any request made by you. If your order is accepted we will inform you by e-mailing you or else by calling you. We will also provide the identity of the party you have contracted with. This may be Lipsy or in certain cases a third party. Where a contract is made with a third party Lipsy is not acting as either agent or principal and the contract is made between yourself and that third party. When making a request you undertake that all details you provide to us requesting goods or services or bids made at auction are true and accurate, that you are an authorised user of the credit or debit card used to make your request or bid and that there are sufficient funds to cover the cost of the goods, services or bid. It is your responsibility to inform us of any changes to these details as soon as possible. Our Returns Policy. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
Cancellation If you change your mind about anything you order, you can cancel that order free of charge so long as you do so within 7 working days of receipt of goods. We do not pay for the return of goods. We will refund your money, excluding delivery charge, within 30 days of our receipt of the cancelled goods, provided that those goods are in their original condition. You do not have to provide any reason for cancellation.
Disclaimer of Warranties The service and all information, products and other content included in or accessible from this website and the linked sites, are provided on as “as is” and “is available” basis and are subject to change at any time without notice to you. The fullest extent permitted by law, Lipsy disclaims and excludes all representations and warranties (express, implied and statutory, including but without limitation the warranties of merchantability and fitness for a particular purpose, and non-infringement of proprietary rights) as to the services and all information, products and content included in and accessible from this website or the linked sites.
Changes to the terms Lipsy reserves the right to remove, modify or change, without notice, any information on this Site from time to time. Lipsy may change these terms at any time by posting notice of the changes on the Site. If you use the Site after Lipsy has posted the changes you will be bound by the new terms. You should therefore ensure that you read the terms each time you use the Site.
General E-mails to you will be sent to the address you specify to us. You must only provide us with a valid e-mail address and it is your responsibility to inform us of any changes to that address.
To the extent that any provision of these terms is found by any court or authority to be invalid, unlawful or unenforceable, that provision will be deemed not to be a part of these terms and will not affect the enforceability of the remainder of these terms, nor will it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction. The headings in these terms are for convenience only and do not affect their interpretation.
These terms supersede any representation made by us or any of our employees or agents.
Governing law These terms and conditions shall be construed in accordance with English law and the courts of England OR the jurisdiction in which you are resident or domiciled (at Lipsy’s election) shall have jurisdiction to resolve any disputes between you and Lipsy, without regard to any choice of law provisions or private international law. You hereby consent to the exclusive jurisdiction and venue of the Royal Courts of Justice, Strand, London, UK, for any and all disputes relating to the Terms of Service, use of this Web site or any Linked site in the event that Lipsy have elected England as the jurisdiction.
Entire agreement The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Lipsy. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Lipsy. |