TERMS AND CONDITIONS
TERMS AND CONDITIONS
We may modify the TOS from time to time. Please read the TOS and check back often. If you do not agree to any change to the TOS then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
To use some of the services or features made available to you on this Site you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address email@example.com We may also change registration requirements from time to time.
The account password you provide should be unique and kept secure, and you must notify SMSAREE immediately of any breach of security or unauthorized use of your account.
ELIGIBILITY TO PURCHASE
In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
The Site is available only to individuals and others who meet the SMSAREE terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to SMSAREE, whose applications are acceptable to SMSAREE and who have authorized SMSAREE to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. Beauty products purchased by the buyer are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit. In addition, SMSAREE reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
By making an offer to purchase merchandise you expressly authorize us to perform credit checks and where SMSAREE feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.
Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information
All orders are subject to acceptance and availability, and items in your shopping cart are not reserved and may be purchased by other customers.
SMSAREE offers products for sale that are in stock and available for dispatch from our distribution center. Occasionally however, we may be waiting for shipments from our designer suppliers. Consequently you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. This will ensure that you receive this item in priority once designer stock has been delivered to SMSAREE. SMSAREE will only take Advance Purchase orders for stock that has been scheduled for delivery by a designer supplier. Your rights regarding Advance Purchase are the same as those for any other purchase at SMSAREE. Alternatively, you may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock.
Items received into stock may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit/debit card within thirty days of being advised that merchandise has become unavailable.
If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please be aware that on occasion certain products that are in particularly high demand will sell out during this period.
Prices shown on the Site are in US DOLLARS and are exclusive of VAT at the applicable rate unless you have selected an alternative country where VAT is not chargeable, as indicated in the top left hand corner of the Site.
All prices and offers remain valid as advertised from time to time. The US DOLLARS price of a product displayed on the Site at the time the order is accepted will be honored, except in cases of patent error.
Product prices are set at the beginning of each season using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period. Customers purchasing from a country served as DDU will be charged for the items purchased and shipping costs only. Import duty or tax costs will be invoiced to you directly from SHIPPING AGENT or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.
If you are a customer whose credit/debit card is not denominated in US DOLLARS, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
Currency: Your card will be charged in currency based on the place where the goods are to be shipped (eg a UK customer asking for the goods to be sent to the USA will be charged in US dollars). We charge customers either in US dollars, US dollars or dollars depending on the country of shipment as set out below.
Prices are displayed to you when you enter the site in the currency we used for the country indicated by your computer's IP address.
You may change the shipment country at any time and this will change the prices to the currency we use for that shipment country.
Prices for shipment to the UK will be shown in US DOLLARS.
When you choose shipment to a different country then within Europe (and certain dependent territories) this will normally be a price shown in US DOLLARS including in countries such as Russia.
Where shipment is outside Europe to the Americas, North and South including Canada and the Caribbean prices are shown in US dollars. .
Prices for all other non Europe/ USA shipments will be shown in US dollars.
We convert from pounds to dollars and US dollars using daily currency conversion rates from XE.com. However the price displayed to you at the checkout is the price you pay. This will not vary later whatever currency fluctuations occur. Refunds will also be set at the price you paid not the price in the currency concerned at the date of refund.
If you are in the UK and choose to have the goods shipped to the UK prices will be shown exclusive of VAT (where applicable) at the current rate
If the country of shipment is outside the UK but within the EU and dependent territories prices will be shown in US dollars inclusive of VAT.
All other countries are shown a price excluding VAT as no VAT will be due on these orders.
SALE PRICE ADJUSTMENT POLICY
SMSAREE is happy to offer a Sale Price Adjustment on items purchased up to 7 days prior to the commencement date of a sale. Please be aware that the exact style and size of an item must be available for purchase at the time your request is made before any adjustment in the sale price can be approved. All approved Sale Price Adjustments will be credited to your SMSAREE account in the form of a store credit which will be valid for 12 months.
We are unable to offer price adjustment on items originally purchased in a sale or on any special promotion items that are temporarily reduced in price. Once an item has been purchased at a discounted sale price, no price adjustment will be offered should the item be further marked-down.
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ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
Unless you cancel your order, acceptance of your order and completion of the contract between you and SMSAREE will be completed when we email you to confirm the goods have been dispatched.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Payment can be made by Visa, MasterCard, American Express, Visa Debit, Visa Delta, Electron and any other methods which may be clearly advertised on the Site from time to time. Payment will be debited and cleared from your account upon dispatch of your order by SMSAREE. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to SMSAREE, we will not be liable for any delay or non-delivery.
We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using Citrus Pay, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered SMSAREE user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.
To help ensure that your shopping experience is safe, simple, and secure, SMSAREE uses Secure Socket Layer (SSL) technology.
Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
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Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.
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INSURANCE AND DELIVERY
SMSAREE insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by SMSAREE, and transfer of responsibility in the same way.
Please note that we aim to dispatch all orders within 48 hours, or 72 hours during sale periods. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. SMSAREE are not responsible for any delays caused by destination customs clearance processes.
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INTELLECTUAL PROPERTY RIGHTS
Your use of the Sites and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including SMSAREE Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by SMSAREE and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. SMSAREE tries to ensure that the information on this site is accurate and complete. SMSAREE does not promise that Smsaree’s Content is accurate or error-free. SMSAREE does not promise that the functional aspects of the Site or Smsaree’s Content will be error free or that this Site, SMSAREE Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
Opinions expressed on SMSAREE TV are the personal opinions of the authors and do not reflect the views of SMSAREE. By posting you agree to be solely responsible for the content of all information you contribute. You also grant to SMSAREE a right to use any content you provide for its own purposes including republication in any form or media. Comments may be moderated and may take up to72 hrs to be displayed but SMSAREE does not commit to checking all content and will not be liable for third party posts. If you have a complaint about any posts please firstname.lastname@example.org. SMSAREE reserves the right at its sole discretion not to publish or to remove any comment including those that it believes may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people's privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses. This site is available to the public, information you consider confidential should not be posted to this site.
The personal opinions of the designers and labels whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of SMSAREE and we accept no responsibility for any such views expressed in any media.
NO COMMERCIAL USE
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.
You have certain rights under the law. In England these include:
That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site;
Certain remedies if a product is defective; and
A right to cancel any order for a product within seven working days commencing on the day after the date on which you receive it, and receive a full refund even if it is not defective.
Nothing in the TOS is intended to affect these rights. For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.
LIMITS ON OUR LIABILITY
We accept liability for death and personal injury arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents.
Nothing in the TOS is intended to affect your rights under the law (see "Your Rights" above).
If SMSAREE breaches the TOS we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and SMSAREE at the time of you placing your order, and SMSAREE dispatching your order. We shall only be liable for losses up to 150% of the total value of goods purchased.
We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).
We are also not responsible for failure to meet any of our obligations under the TOS where such failure is due to events beyond our reasonable control.
At our request, you agree to compensate us fully, defend us, and hold us SMSAREE harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and SMSAREE as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of SMSAREE, and we shall not be liable for any representation, act, or omission on your part.
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If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.
The TOS together with all our policies and procedures will be governed by and construed in accordance to the relevant United Kingdom law and the relevant courts of the United Kingdom will have exclusive jurisdiction.
COPYRIGHT AND TRADE MARKS
All content available on the Website, including, but not limited to, text, graphics, logos, button, icons, images, audio clips, data compilations, and software, and the compilation thereof (the "Content") is the property of SMSAREE, our affiliates, our partners or our licensors, and is protected by UK and international copyright laws.
The trade marks, logos, and service marks displayed on the Website (collectively, the "Trade Marks") are the registered and unregistered marks of SMSAREE, our affiliates, our licensors or our partners, in the UK and other countries, and are protected by UK and international trade mark laws. All or any other trade marks not owned by us, our affiliates, our partners or our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Except as set forth in the limited licence in the section entitled "Limited Licence" below, or as required under applicable law, neither the Content, the Trade Marks, nor any other portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
For the avoidance of doubt, SMSAREE does not make any warranty or representation in respect of any other trade mark and the trade marks of the brands featured in DvF in SMSAREE belong to their respective owners.
We grant you a limited, revocable, and non-exclusive licence to access and make personal use of the Website. Please note that you may not frame, link to, or utilise any framing or linking techniques to enclose the Website or any portion thereof without our prior written consent which may be withheld in our absolute discretion.
The limited licence set forth in this section does not include the right to:
a. modify or download the Website or its contents (except caching or as necessary to view content);
b. make any use of the Website or its Content other than personal use;
c. create any derivative work based upon either the Website or its Content;
d. collect account information for the benefit of another party;
e. use any meta tags or any other "hidden text" utilising our name or the Trade Marks without our express written consent; or
f. use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Website for personal, non-commercial use only. A website that links to our Website may:
a. link to, but not replicate, our Content;
b. not imply that we are endorsing such website or its services or products;
c. not misrepresent its relationship with us;
d. not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages;
e. not portray us or our products, services or Items, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions;
f. not use any Trade Mark without our prior written consent; and
g. not link to any page of the Website other than the home page. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link.
Any unauthorised use by you of the Website terminates the limited licence set forth in this section without prejudice to any other remedy we may have provided for by applicable law.
THIRD PARTY LINKS
We are not responsible for the content of any off-Website pages or any other websites linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Website pages or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and Terms . You should carefully review the Terms and privacy policies of all off-Website pages and other websites that you visit.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to fully indemnify us for all claims arising from your claims to any rights in any Submission.
REPRESENTATIONS AND WARRANTIES: LIMITATIONS OF LIABILITY
We warrant that all our products are of satisfactory quality, comply with their description, are fit for their purpose and that we have good title to sell them to you.
Save for the warranty above, we make no representations or warranties of any kind whatsoever, expressed or implied, in connection with these terms or the Website, including but not limited to warranties of satisfactory quality, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances, for any
a. interruption of business;
b. access delays or access interruptions to the Website;
c. data non-delivery, mis-delivery, corruption, destruction or other modification;
d. loss or damages of any sort incurred as a result of dealings with or the presence of off- Website links on the Website;
e. computer viruses, system failure or malfunction which may occur in connection with your use of the Website, including during hyperlink to or from third party websites;
f. any inaccuracies, omissions or misleading, false or deceptive statement in the content; or
g. events beyond our reasonable control.
Further, to the fullest extent permitted by law we will not be liable for any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the Website regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum aggregate liability exceed one hundred pounds (£100.00) or the sum you have paid us for the item in relation to which you have the claim.. Because some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries, our liability is limited to the maximum extent permitted by applicable law. Nothing in any warranty given in this clause affects your statutory rights.
Nothing in these terms shall exclude or limit our liability for death or personal injury caused by our negligence nor for fraud.
To the fullest extent permitted by applicable law, any dispute relating in any way to your visit to the Website and any purchase by you of any Items from SMSAREE shall be submitted to confidential arbitration in London, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in the English Courts, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the International Chamber of Commerce. The arbitrator's award shall be binding and may be entered as a judgement in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. To the extent arbitration is not permitted by applicable law, any dispute relating in any way to your visit to the Website shall be submitted to an appropriate court or other judicial body in London, and all applicable provisions of this section shall apply.
If any provision of these Terms is held to be illegal, invalid or unenforceable in whole or in part, then these Terms shall continue to be valid as to the other provisions and the remainder of the affected provision. Any waiver of any of the provisions of these Terms by SMSAREE shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other provisions of these Terms.
No failure to exercise and no delay on the part of either party in exercising any right, remedy, power or privilege of that party under these Terms and no course of dealing between the parties shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights and remedies provided by these Terms are cumulative and are not exclusive of any rights or remedies provided by law. Time shall not be of the essence of these Terms as regards any of the times, dates and/or periods mentioned herein.
Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us.
We reserve the right to change these Terms at any time and we encourage you to revisit these Terms periodically to ensure that you are at all times fully aware of our Terms. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such Terms.
We may, with or without prior notice, terminate any of the rights granted by these Terms. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.
We reserve the right to refuse to supply Items to any person for any reason whatsoever, to withdraw any Items from the Website at any time and/or remove or edit any materials or content on the Website. We will not be liable to you or any third party by reason of our withdrawing of any Items from this Website whether or not such Items have been sold; removing or editing content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
If you have any questions regarding these Terms, please contact us by email at email@example.com