Terms & Conditions
Welcome to Avoir Fashion. Avoir Fashion is brought to you by Avoir Fashion Ltd (referred to in these Terms as “we”, “us”, “our”, and “Avoir Fashion”). We are a company incorporated in England and Wales, with company number 10942484 and with a registered office at 27 Old Gloucester Street, London, WC1N 3AX.
- 1.1 These terms and conditions shall govern your use of our website.
- 1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
- 1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
- 1.4 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age. We do not knowingly market or sell products for purchase by children. You may only buy items through Avoir Fashion if you are legally capable of forming a binding contract with Avoir Fashion by being over 18 years old and are able to abide by and comply with these terms.
2. Copyright notice
- 2.1 Copyright (c) 2020 Avoir Fashion.
- 2.2 Subject to the express provisions of these terms and conditions:
- (a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
- (b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
3. Licence to use website
- 3.1 You may:
- (a) view pages from our website in a web browser;
- (b) download pages from our website for caching in a web browser;
- (c) print pages from our website;
- (d) stream audio and video files from our website; and
- (e) use our website services by means of a web browser,subject to the other provisions of these terms and conditions.
- 3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
- 3.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
- 3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
- 3.5 Unless you own or control the relevant rights in the material, you must not:
- (a) republish material from our website (including republication on another website);
- (b) sell, rent or sub-license material from our website;
- (c) show any material from our website in public;
- (d) exploit material from our website for a commercial purpose; or
- (e) redistribute material from our website.
- 3.6 Notwithstanding Section 3.5, you may redistribute our Newsletter and Promotions in print and electronic form to any person.
- 3.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
4. Acceptable use
- 4.1 You must not:
- (a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
- (b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- (c) 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, rootkit or other malicious computer software;
- (d) 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;
- (e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
- (f) violate the directives set out in the robots.txt file for our website; or
- (g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
- 4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
- 4.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
5. Affiliate links
- 5.1 Avoir Fashion is an online intermediary which partners with some of the world’s best known brands and retailers to give you a wide array of fashion items to buy. When you select a particular product that you wish to buy, you will be taken directly to the third party Avoir Fashion merchant (the “Avoir Fashion Partner”) website and asked to provide further personal details, which are likely to include your billing and delivery address, and payment card details.
- 5.2 We may earn affiliate fees from a merchant if you click on that merchant’s link on our website, or purchase an item from them.
- 5.3 You acknowledge that:
- (a) we do not vet third party merchants;
- (b) we do not check, audit, monitor or control: the identity, credit worthiness or bona fides of third party merchants; the security of third party merchant websites; or the accuracy of the information published on third party merchant websites;
- (c) we are not party to any contract for the sale or purchase of goods or services entered into between you and a third party merchant; and
- (d) our website contains information supplied by third party merchants, and we do not check, audit or monitor the accuracy of that information, and accordingly we will not be liable to you in relation to any loss or damage arising out of any use of a third party merchant website, any information supplied by a third party merchant, any offer made by a third party merchant, or any contract with a third party merchant.
- 5.4 We are not responsible for the enforcement of any obligations arising out of a contract between you and any third party, and we will have no obligation to mediate between the parties to any such contract.
- 5.5 The provisions of this Section 5 are subject to Section 13.1.
6. Registration and accounts
- 6.1 You may register for an account with our website by completing and submitting the account registration form on our website.
- 6.2 You must not allow any other person to use your account to access the website.
- 6.3 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
- 6.4 You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.
7. User login details
- 7.1 If you register for an account with our website, you will be asked to choose a user ID and password and provide your e-mail address.
- 7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.
- 7.3 You are solely responsible for keeping your registration and other personal details (including your username and password) for your account confidential.
- 7.4 You shall promptly notify Avoir Fashion of any actual or suspected unauthorised third party access to your account. You shall co-operate with, and assist, us in any action or proceedings by us to prevent or otherwise deal with any unauthorised receipt, access or use of your account by any third party.
8. Cancellation and suspension of account
- 8.1 We may cancel or suspend your account at any time with our sole discretion and without notice or explanation.
- 8.2 You may cancel your account on our website using your profile and account settings panel after signing in.
9. Your content: licence
- 9.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
- 9.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to reproduce, store and publish your content on and in relation to this website and any successor website.
- 9.3 You grant to us the right to sub-license the rights licensed under Section 9.2.
- 9.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.
- 9.5 You may edit your content to the extent permitted using the editing functionality made available on our website.
- 9.6 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
10. Your content: rules
- 10.1 You warrant and represent that your content will comply with these terms and conditions.
- 10.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against
- any person (in each case in any jurisdiction and under any applicable law).
- 10.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
- (a) be libellous or maliciously false;
- (b) be obscene or indecent;
- (c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
- (d) infringe any right of confidence, right of privacy or right under data protection legislation;
- (e) constitute negligent advice or contain any negligent statement;
- (f) constitute an incitement to commit a crime;
- (g) be in contempt of any court, or in breach of any court order;
- (h) be in breach of racial or religious hatred or discrimination legislation;
- (i) be blasphemous;
- (j) be in breach of official secrets legislation;
- (k) be in breach of any contractual obligation owed to any person;
- (l) depict violence in an explicit, graphic or gratuitous manner;
- (m) be pornographic, lewd, suggestive or sexually explicit;
- (n) be untrue, false, inaccurate or misleading;
- (o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
- (p) constitute spam;
- (q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
- (r) cause annoyance, inconvenience or needless anxiety to any person.
11. Report abuse
- 11.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
- 11.2 You can let us know about any such material or activity by e-mailing us.
12. Limited warranties
- 12.1 We do not warrant or represent:
- (a) the completeness or accuracy of the information published on our website;
- (b) that the material on the website is up to date; or
- (c) that the website or any service on the website will remain available.
- 12.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
- 12.3 To the maximum extent permitted by applicable law and subject to Section 13.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
13. Limitations and exclusions of liability
- 13.1 Nothing in these terms and conditions will:
- (a) limit or exclude any liability for death or personal injury resulting from negligence;
- (b) limit or exclude any liability for fraud or fraudulent misrepresentation;
- (c) limit any liabilities in any way that is not permitted under applicable law; or
- (d) exclude any liabilities that may not be excluded under applicable law.
- 13.2 The limitations and exclusions of liability set out in this Section 13 and elsewhere in these terms and conditions:
- (a) are subject to Section 13.1; and
- (b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
- 13.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
- 13.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
- 13.5 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.
- 13.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
- 13.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
- 13.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
- 14.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all 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) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions.
15. Breaches of these terms and conditions
- 15.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
- (a) send you one or more formal warnings;
- (b) temporarily suspend your access to our website;
- (c) permanently prohibit you from accessing our website;
- (d) block computers using your IP address from accessing our website;
- (e) contact any or all of your internet service providers and request that they block your access to our website;
- (f) commence legal action against you, whether for breach of contract or otherwise; and/or
- (g) suspend or delete your account on our website.
- 15.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
16. Third party websites
- 16.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
- 16.2 We have no control over third party websites and their contents, and subject to Section 13.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
17. Trade marks
- 17.1 Avoir Fashion, our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
- 17.2 The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
- 18.1 We may revise these terms and conditions from time to time.
- 18.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
- 18.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
- 19.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
- 19.2 You may not without our prior written consent assign, transfer, sub- contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
- 20.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
- 20.2 If any unlawful and/or unenforceable provision of these terms and conditions 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.
21. Third party rights
- 21.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
- 21.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
22. Entire agreement
23. Law and jurisdiction
- 23.1 These terms and conditions shall be governed by and construed in accordance with English law.
- 23.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.
24. Intellectual Property
- 24.1 Unless stated otherwise, Avoir Fashion Ltd is the owner or the licensee of all intellectual property rights in our website, including but not limited to copyright, trademarks, database rights, domain names, registered and unregistered designs, software, codes, all text, graphics, logos, photographs and images – used or supplied in connection with its operation – and the material published on it. These works are protected by copyright laws and treaties around the world. All such rights are reserved.
- 24.2 You are permitted to print and download extracts from our website for your own use, provided that:
- (a) you do not modify any documents or their related graphics in any way;
- (b) you do not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text; and
- (c) you include an acknowledgement alongside the copied material noting Avoir Fashion as the author and publisher.
- 24.3 You expressly agree not to reproduce, modify, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of this website or connected Avoir Fashion websites or content, products or service made available via those sites. This includes any collection or use of any product listings, descriptions of our products or services, our pricings or any access to, and downloading of details of any third party who may be identified from any of the contents of our website.
- 24.4 You are granted a non-exclusive and revocable licence to create a hyperlink to our home page. Your hyperlink must not portray Avoir Fashion, our products and services, our agents, associates and affiliates in an offensive manner, or be misleading or false. You may not use our trademarks as part of your link without our written agreement for you to do so.
25. Our trademarks
- 25.1 “Avoir Fashion” is a registered trademark in the United Kingdom and in other countries. Avoir Fashion protects its marks and logos in all countries in which it uses them.
- 25.2 You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form) of Avoir Fashion without our express written consent. You may not use any meta tags or any other hidden text utilising our trademarks without our express written consent.
- 25.3 If you have any intellectual property questions or complaints, you can contact us on firstname.lastname@example.org or write to 27 Old Gloucester Street, London, WC1N 3AX.
26. Our details
- 26.1 This website is owned and operated by Avoir Fashion Ltd.
- 26.2 We are registered in England and Wales under registration number 10942484, and our registered office is at 27 Old Gloucester Street, London, WC1N 3AX.
- 26.3 You can contact us:
- (a) by post, using the postal address given above; or
- (b) using our website contact form.
Effective Date: 16th March 2022