Terms & Conditions
Effective: October 10, 2018
These are the Terms and Conditions (“T & Cs”) on which we supply Services to you.
These T & Cs set out the legal terms that apply to your use of our website, https://wardrobeicons.com, any of its sub-domains and any other websites operated by us or on our behalf and any mobile device application or desktop application developed by us or on our behalf (together, the “Websites” and “Website” being a reference to any one of them) and the other Services.
The Icon Update lifestyle, fashion, beauty and The Icons and Future Icons shopping network, Websites, domain names and any other linked and related pages, features, content, products, application services (including without limitation any mobile applications services) and other services offered, owned or operated by Wardrobe Icons in connection therewith (collectively, the “Services”).
The term “Services” shall also include, without limitation, use of the Wardrobe Icons network Websites and any Services Wardrobe Icons performs for you and the content, software, tools, and features offered by Wardrobe Icons on the Wardrobe Icons network. Wardrobe Icons may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content (as defined below).
Please read these T & Cs carefully before using the Services. These terms tell you who we are, how we will provide Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think there is a mistake in these terms, please contact us to discuss.
Please note that by using the Services, you agree to be bound by these T & Cs. If you do not accept these T & Cs, you will not be able to use the Services and you should leave the Website immediately. If you continue to use the Website or use our Services, we will take this as your acceptance of these T & Cs.
1. Understanding these T & Cs
When certain words and phrases are used in these T & Cs, they have specific meanings (these are known as ‘defined terms’). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of the T & Cs where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
When we refer to “we”, “us” or “our”, we mean Wardrobe Icons Limited. Where we refer to “you” or “your” we mean you, the person using the Services.
We have used headings to help you understand these T & Cs and to easily locate information. These T & Cs are only available in the English language. We will not file copies of the contracts between us and you relating to our supply of the Services, or between you and the Affiliates relating to the sale of the products. We may amend these T & Cs from time to time by posting a notice on the Website. Please check the Website regularly each time you use the Services to order products, to ensure you understand the legal terms which apply at that time.
2. Information about us and how to contact us
We are Wardrobe Icons Limited a company registered in England and Wales. Our company registration number is 09106953 and our registered office is at Europa House, Goldstone Villas, Hove, East Sussex, BN3 3 RQ. Our registered VAT number is GB 24257414.
You can contact us by writing to us at firstname.lastname@example.org.
If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
When we use the words “writing” or “written” in these T & Cs, this includes emails.
3. Our Services
The Services we offer allow you to search through the Website and purchase products from a large number of curated Affiliates worldwide. As part of the Services, we also provide some ancillary services such as facilitating delivery of the products, providing you with customer service assistance and payment processing. However, the contract for the purchase of the products is between you and the relevant Affiliate. This means that it is the Affiliate, not us, who is legally responsible for selling the products to you.
Please note that the delivery logistics service is being provided by the Affiliate to you and as such you are entering into a contract for delivery services provided by them. A charge for these services which will be shown at checkout and prior to your purchase of the products. Your contract with us is concluded once the products have been delivered to you by the courier or postal service or have been collected by you from an Affiliate.
In order to use the Services you must be over 18 years of age.
4. Our liability to you in relation to the Services:
If, in providing the Services to you, we fail to comply with these T & Cs, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these T & Cs or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you started using the Services.
We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any other liability which cannot be limited by law.
5. Products supplied by the Affiliates
We attempt to be as accurate as possible in the description of the products displayed on the Website. However, as the descriptions are based on information provided to us by the Affiliates (who remain responsible for them), we cannot guarantee that all details are always accurate, complete or error free. Please contact us if you would like more information about a product. The images of the products on the Website are for illustrative purposes only, and although we attempt to display colours accurately, we cannot guarantee that your computer’s display of the images accurately reflect the true colour of the products.
We do not allow Affiliates to offer flawed items or products of lower quality than the corresponding market standards for sale on the Website. If an item you have ordered is not as described, is flawed or of a lower quality, you can return it to the Affiliate. Please see below for details of how to arrange a return.
As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these T & Cs will affect these legal rights.
The products sold by the Affiliates are supplied for your domestic and private use only. You agree that you will not use the products for any commercial, business or re-sale purposes. You further agree that you will not export, reexport, or otherwise transfer the products to countries or territories that are the target of comprehensive embargoes or sanctions or to parties identified on the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons List or the E.U.’s Consolidated Financial Sanctions List. Neither we nor the Affiliates have any liability to you for any loss of profit, loss of business, interruption of business, or loss of business opportunity.
As explained above, the contract for the purchase of the products is between you and the relevant Affiliate. We are acting as a curator or agent and are authorised by the relevant Affiliate to curate and conclude the contract on its behalf, but we are not a party to that contract and you are not purchasing the products directly from us.
We request that all Affiliates using the Website have and maintain reasonable business policies which comply with our own business policies. We cannot, however, be responsible for the Affiliates’ business policies. If you are unhappy with the product or service you have received from an Affiliate, you should contact us and we will liaise with the relevant Affiliate on your behalf to try and resolve the issue
7. Orders, prices and payment
By completing the check-out process and placing an order by clicking the “Buy it Now” / “Add to Cart” button on the checkout page, you are offering to purchase the products from the relevant Affiliate (and not directly from us). Your order for the products is subject to these T & Cs which are incorporated into the contract between you and the relevant Affiliate. All orders are subject to availability and confirmation of the order price, which is determined by the relevant Affiliate. After entering into the contract for the products with the Affiliate, the Affiliate will be under a legal duty to supply you with goods that are in conformity with the contract. Legal title to the product purchased will pass to you upon your payment being accepted. Risk in the product will remain with the Affiliate until it is delivered to you at the address specified when you placed your order.
To order products you must be over 18 years of age and possess a valid credit or debit card. By placing an order, you are confirming that all details you provide are true and accurate, that you are over 18 years of age, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds in the account to cover the cost of your order.
The Website and/or the Affiliates’ websites allow you to check your order and correct any errors before completing a purchase. Please take the time to read and check your order at each stage of the order process as you are responsible for ensuring that the information you provide is accurate (for example, the correct products, quantities, size, colour, etc.).
7.1 Formation of the contract between you and the Affiliate
The identity of the Affiliate is shown on the Website.
When you place an order, you will receive an email confirming receipt of your order. This email is only an acknowledgement for information purposes and it does not constitute acceptance of your order by the Affiliate. The contract between you and the Affiliate in relation to the products will not be formed until we have checked that the Affiliate accepts your order. If your order is accepted, we or the Affiliate will send you a confirmation email, which concludes the contract between you and the Affiliate. The confirmation email will include a description of the products purchased in the order and certain other information about your rights to cancel the contract between you and the Affiliate (please see below for further information on your rights to cancel the contract). Only those products listed in the dispatch confirmation email are included in the contract between you and the Affiliate.
7.2 Pricing and availability
Whilst we try and ensure that all details, descriptions and prices that appear on the Website are accurate, as this information is provided to us by the Affiliates, there may be cases where errors occur. If we discover an error in the price of any products that you have ordered, we will inform you of this as soon as possible.
If you are viewing the Website from the UK or a country in the EU, the product prices advertised on the Website from Affiliates located within the EU are inclusive of the VAT charged by the relevant Affiliate. Delivery costs are not included in the prices and will be charged in addition. The delivery costs (which will include VAT) will vary depending on the products that you have ordered and your delivery address. The delivery costs applicable to your order will be clearly displayed at checkout before you place your order (and are included in the total amount shown on the order summary page).
Depending on your delivery address, different taxation rules and additional charges may apply. If you are shipping items from an Affiliate outside of your territory, you may need to pay import duties upon receipt of the products. If they are not included, neither we nor the Affiliate have any control over these charges and we cannot advise on their amount. You will be responsible for payment of any such import duties and taxes that are not included. Please contact your local customs office for further information and a “landed cost estimate” before placing your order.
Please note that if you return an item, the taxes and import duties will be refunded to you if they were originally included in the purchase price. If they were not included then you will be responsible for reclaiming duty directly from your local customs office.
When you submit your order we, on behalf of the Affiliate or the Affiliate themselves, will carry out a standard pre-authorisation check on your payment card, and products will not be dispatched until the details you have provided are verified.
Once your payment details have been verified and the Affiliate has accepted and approved your order for delivery, you will receive an email to inform you of this. In the unlikely event that we or the Affiliate encounter a problem when processing your order, we or the Affiliate will contact you and may possibly request further information to try and resolve the issue.
We reserve the right not to submit your order to the Affiliate, and the Affiliate reserves the right not to accept your order if, for example, the product ordered is out of stock, has been withdrawn or is otherwise not available, or authorisation for your payment is not obtained or if you do not meet the eligibility criteria (e.g. you are under 18).
The estimated delivery date of the products will be stated in your order confirmation email. If you do not receive an estimated delivery date from us or the Affiliate, the order will be delivered within 30 days after the date of dispatch. The Affiliate supplies delivery services to you and we will try to ensure that your order is delivered by the estimated delivery date.
Delivery times may vary depending on the availability of the products and your delivery address. Delivery times, including for Same Day delivery, are estimates only and cannot be guaranteed. The product(s) will be delivered to you directly by the Affiliate(s) so your order may arrive in multiple deliveries and at different times.
If no one is available at your address to sign for your order, the delivery Affiliate will leave you a note and you will need to contact them to rearrange delivery.
9. International Delivery
If you purchase products for delivery to an international destination, your order may be subject to import duties and taxes which are applied when the package reaches that destination. You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you breach any such laws.
10. Returns Policy
The contract for the purchase of the products is between you and the relevant Affiliate. Please see the Returns Policy of the relevant Affiliate for information on returns and exchanges.
For further information on cancelling your order under the CCRs, please see below.
10.1 Cancelling under the Consumer Contracts Regulations
Depending on where you live, you have a legal right to cancel your order under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“CCRs”) or equivalent consumer legislation in the EU. This means that, during a certain cancellation period, if you change your mind or for any other reason you decide you do not want to keep the purchased products, you can notify the Affiliates of your decision to cancel the order. Once the products are returned to the relevant Affiliate you will receive a full refund, including the original delivery costs; however, you will be liable to arrange and cover the full cost of returning the order to the Affiliate.
You may cancel the contract at any time before your order is delivered and up to 14 days afterwards, beginning on the day after you received the products (“cooling-off period”).
To cancel a contract, you must clearly inform the Affiliate via email providing your name, address and order reference. The Affiliate’s email address will be available in their business policies.
If you cancel an order (or part of an order) during the cooling off period, you must return the product(s) within 14 days after the day on which you notify the Affiliate of the cancellation and ensure the item(s) comply with the conditions of the Returns Policy of the Affiliate.
If you cancel the contract within the 14 day cooling-off period, the Affiliate will process the refund due to you as soon as possible. In any case your refund will be completed within 14 days after the day on which the Affiliate received your return, or if earlier, the day on which we receive evidence that you have returned the product(s) to the relevant Affiliate’s address.
11. Our Website
This section sets out the rules that apply to your use of the Website (whether or not you use it to order products or just to browse). By using the Website, you agree to these rules. If you do not agree to these rules, you are not permitted to use the Website and you should leave it immediately.
11.1 Access to the Website
The Website is made available free of charge and you are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these T & Cs, and that they comply with them.
Access to the Website is permitted on a temporary basis and it does not include any commercial use of the Website or its contents. You must not reproduce, copy and/or exploit the Website for any commercial purposes without our prior written consent.
We reserve the right to withdraw or amend the Website without notice and, from time to time, we may restrict access to all or parts of the Website. We will not be liable to you if, for any reason, the Website is unavailable at any time or for any period.
When you visit the Website and/or submit an order, you are communicating with us electronically and you agree that all agreements, notices, disclosures and other communications that we send to you electronically (whether on our behalf or on behalf of the Affiliates) satisfy any legal requirement that same communications be in writing.
11.2 Your conduct
You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way.
You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only.
You must not use the Website for any of the following:
In any way that breaches any applicable local, national or international law or regulation. In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect. To send, use or reuse any material that is:
- illegal, offensive, abusive, indecent, defamatory, obscene or menacing, and/or
- in breach of copyright, trademark, confidence, privacy or any other right, and/or
- otherwise injurious to third parties, and/or
- objectionable, and/or
- which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”. To cause harm, annoyance, inconvenience or needless anxiety to any person. Breaching these provisions would constitute a criminal offence under the Computer Misuse Act 1990. We, in compliance with any enforceable law or public order, will report any such breach to the relevant law enforcement authorities and disclose your identity to them. If you breach any of the T & Cs and/or any Third Party Products and Services’ T & Cs, you will indemnify us in full against all costs, expenses, liabilities, damages and losses (excluding any indirect, incidental or consequential loss), including any interest, fines and legal or other professional fees and expenses awarded against or incurred or paid by us and/or any member of our group as a result of or in connection with your breach.
11.3 Third Party Products and Services on the Website
The Website may contain services and/or products (including add-ons and applications) offered by third parties other than our Affiliates (the “Third Party Products and Services”). Your use of these Third Party Products and Services may be subject to additional T & Cs which we recommend you review before first using such Third Party Products and Services and continue to review for any changes. We disclaim any responsibility or liability for or in connection with your use of any Third Party Products and Services. We reserves the right to suspend, withdraw, terminate and/or amend your access to the Websites and/or Services, including but not limited to Third Party Products and Services, in the event that you breach any Third Party Products and Services’ T & Cs. Use of Third Party Products and Services is entirely at your own risk.
We make no guarantee that any or all features of the Websites, Services or Third Party Products and Services will work on any particular device.
We are happy for you to link to the Website but you must do so in a way that is fair and legal and does not damage our reputation or take advantage of it (such as by using a link to suggest any form of association or endorsement by us). We reserve the right to withdraw linking permission at any time and, if we instruct you to remove a link to the Website, you must do so without delay.
Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources and such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
11.5 Our liability in relation to the Website
We may update or change the Website or its contents at any time but we are under no obligation to do so. Please note that this means any of the content on the Website may be out-of-date at any given time. The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. We make no representations, warranties or guarantees, whether express or implied, that the Website, or any content on it, is accurate, complete, up-to-date or will be free from errors or omissions. To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website, or any content on it, whether express or implied.
We will not be liable to you or any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with:
- use of, or inability to use, the Website; or
- use of or reliance on any content displayed on the Website.
Please note that we only provide the Website for domestic and private use and, as such, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it. We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any other liability which cannot be limited by law.
Different limitations and exclusions of liability will apply to liability arising as a result of our supply of the Services to you and the Affiliates’ supply of the products to you.
11.6 Services Content
You also hereby do and shall grant each user of the Services a non-exclusive license to access your User Submissions through the Services, and to use, modify, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions as permitted through the functionality of the Services and under these T & Cs. Furthermore, you understand that we retain the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. For clarity, the foregoing license grant to us does not affect your ownership of or right to grant additional non-exclusive licensees to the material in your User Submissions, unless otherwise agreed in writing. You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that we will not be liable for any errors or omissions in any content. You understand that we cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, we cannot guarantee the authenticity of any data, which users may provide about themselves. You acknowledge that all Content and User Submissions accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via the Services. You are solely responsible for taking all precautions necessary and/or reasonable to protect yourself, your computer systems and other property from viruses, worms, Trojan horses, and other harmful content and code. You acknowledge that we do not endorse or guarantee any user blogs, video, or other User Submissions and you may not state or imply any such endorsement or guarantee. We shall have no obligation to monitor any User Submissions, however, we and our agents reserve the right to monitor User Submissions from time to time and may remove or block any User Submissions on or accessible through the Services, including disabling access to User Submissions that you have downloaded through the Services.
While we shall have no obligation and assume no responsibility for monitoring the Services for inappropriate Content or conduct of its users, we reserve the right to monitor, block or remove Content for any or no reason without notice to you, including Content that in our sole judgment and discretion, violates the T & Cs, or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. If at any time we choose, in its sole discretion, to monitor the Services, we nonetheless assume no responsibility for the Content, no obligation to modify or remove any inappropriate Content and no responsibility for the conduct of the user submitting any such Content. You are solely responsible for the Content that you post on or through the Services, any material or information that you transmit to other users and for any interactions with other users.
We reserve the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any use that we deem in our sole discretion to be an illegal or unauthorized use of the Services. We will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person(s) who violate the T & Cs.
13. Intellectual property, software and content
We are the owner or the licensee of all intellectual property rights in the Website and its content (such as text, graphics, illustrations, photographs, logos, button icons, images, audio clips, video clips, digital downloads, data compilations and software including the presentation and compilation of the same) (referred to as “Content” and includes User Submission as described below). The rights in the Website and the Content are protected by international copyright laws as well as by any relevant national law concerning copyright, authors’ rights and database right laws. All such rights are reserved.
You must not systematically extract and/or re-utilise parts of the Website or the Content. In particular, you must not use any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the Website. You must not create and/or publish your own database that features substantial parts of the Website (e.g. our prices and product listings) without our prior written consent.
Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on the Website are in no way associated, linked or affiliated with us. Any trademarks/names featured on the Website are owned by the respective trademark owners.
14. Other important information
Severability – Each of the sections and paragraphs of these T & Cs operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections and paragraphs will remain in full force and effect.
Waiver – If you breach these T & Cs and we take no action, or if we delay in taking action, that does not mean that we have waived our rights and we will still be entitled to use our rights and remedies. If we do waive a breach by you, we will only do so in writing (signed by one of our Directors), and that will not mean that we will automatically waive any later breach by you.
Entire agreement – These T & Cs constitute the entire agreement between you and us and they supersede any and all earlier agreements between you and us.
Events outside of our control – We and the Affiliates will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you if such failure or delay is caused by an event outside of our control.
An event outside of our control means any act or event beyond our or the Affiliates reasonable control such as act(s) of God, wars, terrorist attacks, embargos, riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes or other natural disasters, break-down, inclement weather, interruption of transport, Government action or failure of public or private telecommunications or transport networks.
If such an event takes place and it affects the performance of our or the Affiliates’ obligations to you:
we will contact you as soon as reasonably possible to notify you; and
our and the Affiliates’ obligations to you will be suspended for the duration of the event. Where the event affects delivery of products to you, we will contact you to arrange a new delivery date after the event is over.
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. Please see our Contact Us page for details of how to get in touch with us.
15. Governing Law and Jurisdiction
Anything related to your order, use of the Websites or these T & Cs are governed by English law. The courts of England shall have the exclusive jurisdiction over any dispute or claim relating to these T & Cs.