1. Use of the Website
Welcome to the boudifashion.com website (the "website"). By accessing this website you agree to these terms and conditions (the"Terms"). If you do not agree to them you may not use this website and should leave it immediately. Boudifashion.com is an online service of Boudi ("Boudi"/"Boudi Fashion"/"We"/"our"/"us") provided solely for your personal use for the sale of clothing, accessories and other Items ("Items"). We have taken great care to ensure that the Items on our website are presented as accurately as possible. However colour clarity will depend upon your own personal monitor and we therefore cannot guarantee that the colour of the actual Item is absolutely accurate. Before placing an order please read through these Terms.
To be eligible to purchase Items on this Website you must:
A. be the holder of a valid debit/credit card
B. warrant that the personal information which you are required to provide when you register as a customer is true, accurate and current in all respects
If your personal information changes then please notify us immediately by contacting Customer Services on the following email email@example.com or call +44 (0) 7707 707766 between the hours of 10am - 7pm GMT Monday to Saturday and 11am - 6pm GMT on Sunday.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use. By using this site you agree to comply with, and be bound by, these Terms. We may from time to time change these Terms at our sole discretion. By using this Website after any such change(s), you agree to comply with, and be bound by, the Terms as changed.
2. Making a Purchase
When you order an Item from boudifashion.com you are offering to buy it for the price stated, subject to these Terms. You will be guided through the process of placing an order by a series of instructions on the Website. You place your order for Items from the Website by clicking on the [Confirm Order] button at the end of the on-line order process.
Once you have placed your order, we will send you an email acknowledging the exact details of your order, providing you with a payment reference and the value of your order that will be debited from your credit/debit card. This is not an order confirmation or order acceptance from Boudi Fashion. Unless we have notified you that we do not accept your order or you have cancelled your order in accordance with the Returns policy set out in section 3b below, our acceptance of your order and the completion of the contract between you and us will take place when you receive an email from us notifying you that we have dispatched the Items ordered by you.
Our acceptance of your order will be deemed complete and received by you at the time and date of sending of the email, which time and date is specified on the email. The deemed time and date of receipt by you shall apply regardless of whether, for reasons outside our control, you have not received that email.
If you require any information regarding your order(s) please contact Customer Services on the following email firstname.lastname@example.org or call +44 (0) 7707 707766 between the hours of 10am - 7pm GMT Monday to Saturday and 11am - 6pm GMT on Sunday.
We may not accept your order if (i) an item you have ordered is out of stock, (ii) we are unable to obtain authorisation for your payment or (iii) if we identify a product or pricing error. We reserve the right to reject any offer to purchase by you at any time and at our sole discretion.
If we are unable to fulfil your order following our order acknowledgement, we will contact you by email or telephone advising you of this. See the Returns policy set out in section 3B below.
We will try to keep our Website as up to date as reasonably possible but cannot guarantee that any particular Item will always be available. If we can't supply any Item we will release the funds being held in your account for the purchase.
3. Price and Delivery
All prices indicated for Items available via the Website are inclusive of V.A.T (where applicable) at the current rate and are quoted in pounds sterling with a link to enable you to convert the purchase total into your local currencies. Please note that these are an approximate conversion and that each currency is subject to a general fluctuation depending on the exchange rate at the time it was entered. We will update these currencies on a regular basis but may not reflect the daily exchange rate. At point of purchase VAT will be deducted from the subtotal if the delivery address stated is outside of the EU.
Delivery outside the EU may be subject to local import taxes, which are your responsibility where they apply. If so, the shipping company will contact you by telephone once your Items are in customs to let you know the cost. Be aware that this may delay your delivery time as goods held at customs will be your responsibility to pay the necessary charges for local authorities to release the goods.
We ship to the following countries: Australia, Austria, Bahrain, Belgium, Bermuda, Brazil, Canada, Channel Islands, China, Cyprus, Denmark, Finland, France, Germany, Greece, Hong Kong, Iceland, Ireland, Israel, Italy, Japan, Jordan, Luxembourg, Korea, Kuwait, Macau, Mexico, Middle East, Monaco, Netherlands, New Zealand, Norway, Portugal, Saudi Arabia, Scotland, Singapore, South Africa, Spain, Sweden, Switzerland, Taiwan, Turkey, United Arab Emirates, United Kingdom, United States.
We aim to deliver your chosen items to the place and person of your choice, in perfect condition and in the shortest possible time. All purchases are insured by us while in transit until it is delivered to you. Please order with enough lead-time to prevent any loss or disappointment resulting from the delivery time as boudifashion.com cannot be responsible for this.
If your order will not be delivered within the timeframe specified at ordering we will notify you and try to rectify the situation as quickly as is practically possible. All new orders are deemed separate and each is treated individually.
All returns should be sent back to us in their original packaging provided. Return outside the 14 day window may be accepted at our discretion. The item(s) should be returned unworn and in perfect condition, with all designer garment tags still attached.
Returns that are damaged, soiled or returned without their original labels may not be accepted and may be sent back to the customer at their shipping cost. Before your parcel leaves our warehouse, it is fully checked and controlled by our packing team. If you receive an item which is damaged, please contact us immediately. Where provided, any designer packaging such as authenticity cards, dust bags and leather tags should be included in your return. Footwear should be returned unmarked and in their original and undamaged packaging as this is considered part of the product. Briefs, swimming costumes and bikini bottoms should be tried on over underwear.
Returns may not be accepted if the strip has been removed (swimming wear) or if the items are soiled (lingerie), and may be sent back to the customer at their shipping cost. If your item is faulty (i.e. received damaged or manufacturing fault), we can offer alternatives such as repair or exchanges. For more information, please contact our Customer Care team (email@example.com).
HOW TO RETURN AN ITEM?
Please contact us by email (firstname.lastname@example.org) within 7 days of receiving your order, we will issue you with a Returns Number required to proceed with the return. Fill in the return form with your return number previously requested and the reason why you want to send your item(s) back. If an item is faulty, please provide details why. Enclose your return form with the item(s) you wish to return. You will be notified by email once your return has been received and processed. Please make sure you ship the items you wish to return back to us within 14 days. Returns outside these time frames may be accepted at the discretion of Boudi Fashion management team.
All successfully returned items will be credited to the account used to originally purchase the items, less any taxes or import duties incurred. The original shipping charges will not be refunded.
4. Credit Cards
Boudi Fashion allows orders to be processed online, or over the phone, using a valid credit or debit card. Your credit card company may undertake an additional security check to confirm it is you making the order. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses, or subsequently refuses to, or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.
5. Passing of Property and Risk
We will retain the legal ownership of the Items until full payment has been made by you and such payment has been received by us. Legal ownership of the Items will immediately revert to us if we refund any such payment to you. Risk in the Items will pass to you on delivery to you.
Boudi Fashion wants to ensure your complete satisfaction with the Items. For online purchases, we will accept Items not worn, used or damaged for a full refund as set out above.
7. Contacting us
If you would like some help when ordering, have a query a about your order or to provide us with feedback on our service, please contact Customer Services on the following email email@example.com or call +44 (0) 7707 707766 between the hours of 10am - 7pm GMT Monday to Saturday and 11am - 6pm GMT on Sunday.
8. Copyright and Trademarks
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 Boudi Fashion, our affiliates, our partners or our licensors, and is protected by UK and international copyright laws.
The trademarks, logos, and service marks displayed on the Website (collectively, the "Trademarks") are the registered and unregistered marks of Boudi Fashion, 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 trademarks 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 Trademarks, 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, Boudi does not make any warranty or representation in respect of any other trademark.
9. Limited Licence
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;
D. 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.
10. 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.
12. Representations and Warranties: Limitations of liability
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). 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.
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 Boudi 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 Boudi 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 firstname.lastname@example.org
15. Governing Law
Your use of this Website and any purchase by you of any Item from Boudi shall be governed by English law and you hereto submit to the exclusive jurisdiction of the English courts.
We will treat all your personal details as confidential and we will only disclose this information in the circumstances set out below. We will keep it on a secure server and we will comply with UK Data Protection legislation in relation to the use of your personal data. When you register on this Website, or make a purchase we will ask you to input and will collect personal details from you such as your name, e-mail address, billing address, telephone number.
We may also collect, and our third party providers may collect, information about where you are on the internet (e.g. the URL you came from, IP address, domain types like .co.uk and .com), your browser type, the country and telephone area code where your computer is located, the pages of our website that were viewed during your visit, any advertisements you may have clicked on, and any search terms that you entered on our Website. We confirm that any personal details which you provide to us (or which are available on public registers) and any user information, from which we can identify you, is held in accordance with the registration we have with the Information Commissioner's Office.
We use your information only for the following purposes:
A. maintaining your registration
B. for statistical purposes to improve this Website and its services to you
C. to serve website content to you
D. to administer this Website
E. if you consent, to notify you of products or special offers that may be of interest to you
F. if you consent, to send you information by post or email.
We will not release your personal details to any company outside of the Boudi Fashion group of companies. You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your personal details and /or user information, we are entitled do so.
Boudi Fashion Limited
18 South Molton Street
Company Registered in England: 09794462