Terms and Conditions
In General
Access to and use of this Website and
the products and services available through this Website (collectively, the
"Services") are subject to the following terms, conditions and
notices (the "Terms of Service"). By using the Services, you are
agreeing to all of the Terms of Service, as may be updated by us from time to
time. You should check this page regularly to take notice of any changes we may
have made to the Terms of Service.
Access to this Website is permitted on a
temporary basis, and we reserve the right to withdraw or amend the Services
without notice. We will not be liable if for any reason this Website is
unavailable at any time or for any period. From time to time, we may restrict
access to some parts or all of this Website.
This Website also contains links to
other websites, which are not operated by WEAR OR USE (the "Linked
Sites"). WEAR OR USE has no control over the Linked Sites and accepts no
responsibility for them or for any loss or damage that may arise from your use
of them. Your use of the Linked Sites will be subject to the terms of use and
service contained within each such site.
Privacy Policy
Our privacy policy, which sets out how
we will use your information, can be found at Privacy Policy. By using this
Website, you consent to the processing described therein and warrant that all
data provided by you is accurate.
Prohibitions
You must not misuse this Website. You
will not: commit or encourage a criminal offence; transmit or distribute a
virus, trojan, worm, logic bomb or post any other material which is malicious,
technologically harmful, in breach of confidence or in any way offensive or
obscene; hack into any aspect of the Service; corrupt data; cause annoyance to
other users; infringe upon the rights of any other person's proprietary rights;
send any unsolicited advertising or promotional material, commonly referred to
as "spam"; or attempt to affect the performance or functionality of
any computer facilities of or accessed through this Website. Breaching this
provision would constitute a criminal offence under the Computer Misuse Act
1990. WEAR OR USE will report any such breach to the relevant law enforcement
authorities and disclose your identity to them.
We will not be liable for any loss or
damage caused by a distributed denial-of-service attack, viruses or other
technologically harmful material that may infect your computer equipment,
computer programs, data or other proprietary material due to your use of this
Website or to your downloading of any material posted on it, or on any website
linked to it.
Intellectual Property, Software and
Content
The intellectual property rights in all
software and content made available to you on or through this Website remains
the property of WEAR OR USE or its licensors and are protected by copyright
laws and treaties around the world. All such rights are reserved by WEAR OR USE
and its licensors. You may store, print and display the content supplied solely
for your own personal use. You are not permitted to publish, manipulate,
distribute or otherwise reproduce, in any format, any of the content or copies
of the content supplied to you or which appears on this Website nor may you use
any such content in connection with any business or commercial enterprise.
You shall not modify, translate, reverse
engineer, decompile, disassemble or create derivative works based on any
software or accompanying documentation supplied by WEAR OR USE or its
licensors. asSeenonScreen.comTM and WEAR OR USE.comTM are trade marks belonging
to WEAR OR USE. No licence or consent is granted to you to use these marks in
any way, and you agree not to use these marks or any marks which are colourably
similar without the written permission of WEAR OR USE.
WEAR OR USE Community Areas
Registration
WEAR OR USE reserves the
right to close an account if any user is seen to be using proxy IPs (Internet
Protocol addresses) in order to attempt to hide the use of multiple accounts,
or disrupts any of our services in any way.
Submission of material
You own all of the content
and information you post on Fashion Finder and the Blogs section (the
“Community Areas”) of the Website, and you can control how it is shared through
your privacy settings. In addition:
For content that is
covered by intellectual property rights, like photos and videos (“IP content”),
you specifically give us the following permission, subject to your privacy
settings: you grant us a non-exclusive, transferable, sub-licensable,
royalty-free, worldwide license to use any IP content that you post on or in
connection with WEAR OR USE (“IP License”). This includes for example and
without limitation the right and license to use, reproduce, modify, edit,
adapt, publish, translate, create derivative works from, distribute, perform
and display such material (in whole or part) worldwide and/or to incorporate it
in other works in any form, media, or technology now known or later developed.
In certain circumstances WEAR OR USE may also share your contribution with
trusted third parties.
This IP License ends when
you delete your IP content or your account provided that your content may still
be accessible if it has been shared with others, and we are not obligated to
delete IP content shared by you. You also acknowledge that WEAR OR USE is not
obliged to publish any material submitted by you on any WEAR OR USE
publication.
When you delete IP
content, it is deleted in a manner similar to emptying the recycle bin on a
computer. However, you understand that removed content may persist in backup
copies for a reasonable period of time (but will not be available to others).
When you use an
application, your content and information is shared with the application. We
require applications to respect your privacy, and your agreement with that
application will control how the application can use, store, and transfer that
content and information.
When you publish content
or information using the “Public” setting, it means that you are allowing
everyone, including other Website users , to access and use that information,
and to associate it with you (i.e. your name and profile picture). We advise
that you never reveal any personal information about yourself or anyone else
(telephone number, home address, business address, delivery address or email
address or any other details that would allow you to be personally identified).
We always appreciate your
feedback or other suggestions about WEAR OR USE, but you understand that we may
use them without any obligation to compensate you for them (just as you have no
obligation to offer them).
By submitting any material
to us, you agree to use the WEAR OR USE Community Areas in accordance with the
Community Guidelines and these Terms and Conditions.
If you do not want to
grant WEAR OR USE the permission set out above on these terms, please do not
submit or share your contribution on the Community Areas.
The Service provides you
with the ability to interact with social media services, such as through
Facebook “Like” buttons, Twitter and otherwise. These features may enable
integration and/or access to your social media accounts. We do not control those
social media services, your profiles on those services, modify your privacy
settings on those services or establish rules about how your personal
information on those services will be used. You and the social media service
providers are in control of those issues, not WEAR OR USE. You are encouraged
to read all policies and information on the applicable social media services to
learn more about how they handle your information before using any such
features made available to you on our Service. We are not responsible for any
acts or omissions by any social media service provider or your use of features
that come from their platform.
Terms of Sale
By placing an order you are offering to
purchase a product on and subject to the following terms and conditions. All
orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to
availability and any guarantees or representations made as to delivery times
are subject to any delays resulting from postal delays or force majeure for
which we will not be responsible. Please see our Delivery Charges notice for
further information.
In order to contract with WEAR OR USE
you must be over 18 years of age and possess a valid credit or debit card
issued by a bank acceptable to us. WEAR OR USE retains the right to refuse any
request made by you. If your order is accepted we will inform you by email and
we will confirm the identity of the party which you have contracted with. This
will usually be WEAR OR USE or may in some cases be a third party. Where a
contract is made with a third party WEAR OR USE is not acting as either agent
or principal and the contract is made between yourself and that third party and
will be subject to the terms of sale which they supply you. When placing an
order you undertake that all details you provide to us are true and accurate,
that you are an authorised user of the credit or debit card used to place your
order and that there are sufficient funds to cover the cost of the goods. The
cost of foreign products and services may fluctuate. All prices advertised are
subject to such changes.
Our Contract
When you place an order,
you will receive an acknowledgement e-mail confirming receipt of your order.
This email will only be an acknowledgement and will not constitute acceptance
of your order. A contract between us for the purchase of the goods will not be
formed until your payment has been approved by us and we have debited your
credit or debit card.
Pricing and Availability
Whilst we try and ensure
that all details, descriptions and prices which appear on this Website are
accurate, errors may occur. If we discover an error in the price of any goods
which you have ordered we will inform you of this as soon as possible and give
you the option of reconfirming your order at the correct price or cancelling
it. If we are unable to contact you we will treat the order as cancelled. If
you cancel and you have already paid for the goods, you will receive a full refund.
Where applicable, prices are inclusive of VAT. Delivery costs will be charged
in addition; such additional charges are clearly displayed where applicable and
included in the 'Total Cost'.
The Service may contain
typographical errors or other errors or inaccuracies and may not be complete or
current. We therefore reserve the right to correct any errors, inaccuracies or
omissions and to change or update information at any time without prior notice.
We reserve the right to refuse to fill any orders that you may place based on
information on the Service that may contain errors or inaccuracies, including,
without limitation, errors, inaccuracies or out-of-date information regarding
pricing, shipping, payment terms, or return policies
Payment
Upon receiving your order
we carry out a standard pre-authorisation check on your payment card to ensure
there are sufficient funds to fulfil the transaction. Goods will not be
dispatched until this pre-authorisation check has been completed. Your card
will be debited once the order has been accepted.
Discount Codes
Promotional discount codes
- We may from time to time offer promotional discount codes which may apply in
respect of any, or certain specified, purchases made though this Website.
The conditions of use
relating to any discount code will be specified at the time of issue.
These T&Cs relate to all WEAR OR USE
promotions, competitions and discount codes (unless otherwise stated).
Only one promotion code
can be used per order.
Maximum pre-discount spend
limit of £500 applies per order.
Primark items are excluded
from all discount and promotion codes. Other selected brand exclusions may also
apply.
Maximum 20% off beauty
products.
A promotion code can't be
used after an order has been placed.
Disclaimer
of Liability
The material displayed on this Website
is provided without any guarantees, conditions or warranties as to its
accuracy. Unless expressly stated to the contrary to the fullest extent
permitted by law WEAR OR USE and its suppliers, content providers and
advertisers hereby expressly exclude all conditions, warranties and other terms
which might otherwise be implied by statute, common law or the law of equity
and shall not be liable for any damages whatsoever, including but without
limitation to any direct, indirect, special, consequential, punitive or
incidental damages, or damages for loss of use, profits, data or other
intangibles, damage to 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 Website or the Linked Sites and any
materials posted thereon, irrespective of whether such damages were foreseeable
or arise in contract, tort, equity, restitution, by statute, at common law or
otherwise. This does not affect WEAR OR USE's liability for death or personal
injury arising from its negligence, nor for fraudulent misrepresentation,
misrepresentation as to a fundamental matter or any other liability which
cannot be excluded or limited under applicable law.
Linking
to this Website
You may link to our home page, provided
you do so in a way that is fair and legal and does not damage our reputation or
take advantage of it, but you must not establish a link in such a way as to
suggest any form of association, approval or endorsement on our part where none
exists.
You must not establish a link from any
website that is not owned by you.
This Website must not be framed on any
other site, nor may you create a link to any part of this Website other than
the home page. We reserve the right to withdraw linking permission without
notice.
Disclaimer
as to ownership of trade marks, images of personalities and third party
copyright
Except where expressly stated to the
contrary all persons (including their names and images), third party trade
marks and images of third party products, services and/or locations featured on
this Website are in no way associated, linked or affiliated with WEAR OR USE
and you should not rely on the existence of such a connection or affiliation.
Any trade marks/names featured on this Website are owned by the respective
trade mark owners. Where a trade mark or brand name is referred to it is used
solely to describe or identify the products and services and is in no way an
assertion that such products or services are endorsed by or connected to WEAR
OR USE.
Indemnity
You agree to indemnify, defend and hold
harmless WEAR OR USE, its directors, officers, 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 your use this
Website or your breach of the Terms of Service.
Variation
WEAR OR USE shall have the right in its
absolute discretion at any time and without notice to amend, remove or vary the
Services and/or any page of this Website.
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.
Complaints
We operate a complaints handling
procedure which we will use to try to resolve disputes when they first arise:
please let us know if you have any complaints or comments.
Waiver
If you breach these conditions and we
take no action, we will still be entitled to use our rights and remedies in any
other situation where you breach these conditions.
Governing
Law and Jurisdiction
These terms and conditions are to be
construed in accordance with the laws of England and in the event of any
dispute or claim associated with these terms and conditions, that dispute or
claim shall be subject to the exclusive jurisdiction of the English courts.
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 WEAR OR USE. Any waiver of any
provision of the Terms of Service will be effective only if in writing and
signed by a Director of WEAR OR USE.
Ethical
Sourcing Policy
As a reputable and trusted business
committed to offering its customers high quality products, WEAR OR USE
recognizes its obligation to ensure that suppliers are operating ethically.
We expect our suppliers to consistently
provide an environment which protects their employees' health and safety and
basic human rights.
All suppliers are expected to comply
with their national employment laws and regulations with particular regard to:
Minimum age of employment
Freely chosen employment
Health and safety
Freedom of association and
the right to collective bargaining
No discrimination
No harsh or inhumane
treatment
Working hours
Rates of pay
Terms of employment
WEAR OR USE will never knowingly source
stock from countries which are in breach of the above principles. We also look
to our suppliers to instil these principles when dealing with their own
supplier base.
Because of the sometimes complex nature
of our suppliers' supply chain, it is not always possible to monitor and
control the conditions of each individual involved in the production of our
products. However, as WEAR OR USE continues to grow it recognises the
importance of being proactive and doing everything within its power to support
the rights of those involved in the manufacture of its goods.
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