TERMS AND CONDITIONS
These terms and conditions (together with the information and policies contained in the "Customer Care" pages on the website and any other documents referred in these terms and conditions) ("Terms and Conditions") set out the legal terms that apply to your use of our website http://www.CoutureCandy.com (the "Website") and the other services that we provide (the "Services").
Please read these Terms and Conditions carefully and make sure that you understand them, before using the Services. Please note that by using the Services, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you will not be able to use the Services and you should leave the Website immediately. If you continue to use the Website or if you order products, we will take this as your acceptance of these Terms and Conditions.
When certain words and phrases are used in these Terms and Conditions, they have specific meanings (these are known as 'defined terms'). You can identify these defined terms because they start with capital letters. Where a defined term is used, it has the meaning given to it in the section of the Terms and Conditions where it was defined.
When we refer to "we", "us" or "our", we mean CoutureCandy.com. Where we refer to "you" or "your" we mean you, the person using the Services.
We are CoutureCandy and we operate the Website. We are a company registered in United States of America and our registered office is at 715 State Street, Santa Barbara, California, 93101 USA. Our registered company phone number is 805-899-0015.
We provide the Services to you through the Website. Further details of the Services we provide are set out in the section below "Our Services". When you purchase products using the Website, you are purchasing them from the third party retailers ("Partner Boutique(s)/Designer(s)") named on the Website. It is important that you understand that the contract for the purchase of the products is between you and the relevant Partner Boutique/Designers. We are authorized by the relevant Partner Boutiques/Designers to conclude the contract on their behalf but we are not a party to that contract and you are not purchasing the products from us. Further details about the products, the Partner Boutique(s)/Designer(s) and the contract between you and the Boutique(s)/Designer(s) in relation to your purchase of the products are set out in the below, "Our Liability", "The Products" "Partner Boutiques/Designers".
The Services we offer allow you to search through the Website and purchase products from a number of Partner Boutiques/Designers. As part of the Services, we also provide some associated services such as arranging credit card processing, delivery of the products, and providing you with customer service. However, the contract for the purchase of the products is between you and the Partner Boutiques/Designers. This means that it is the Partner Boutiques/Designers (not CoutureCandy.com) who is legally responsible for selling the products to you. In order to use the Services you must be over 18 years of age.
If, in providing the Services to you, we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions 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: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; and © any other liability which cannot be limited by law.
We attempt to be as accurate as possible in the description of the products. However, as the descriptions are based on information provided to us by the Partner Boutiques/Designers, we cannot guarantee that any descriptions are totally accurate, complete, reliable or error-free. The images of the products on the Website are for illustrative purposes only. Although we attempt to display the colors accurately, we cannot guarantee that your computer's display of the colors accurately reflects the color of the products.
We do not allow Partner Boutiques/Designers to offer flawed products or products of lower quality than the corresponding market standards for sale on the Website. If products you have ordered are not as described, flawed or of a lower quality than the corresponding market standards, you can return them to us and we will liaise with the Partner Boutique/Designer on your behalf and you will receive a full refund of the price of the defective product, any applicable delivery charges and any reasonable costs you incur in returning the products (we will advise you whether the products will be collected from you or whether you need to arrange for them to be returned). Please see section "Return Policy" for details on how to return products to us.
The products sold by the Partner Boutiques/Designers are supplied for your domestic and private use only. You agree that you not will not use the products for any commercial, business or re-sale purposes. Neither we nor the Partner Boutiques/Designer have any liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
The contract for the purchase of the products is between you and the relevant Partner Boutique/Designer. We are authorized by the relevant Partner Boutique/Designer to conclude the contract on its behalf but we are not a party to that contract and you are not purchasing the products from us.
We request that all Partner Boutiques/Designers using the Website have and maintain reasonable business policies which comply with our business policies. We cannot, however, be responsible for the Partner Boutiques/Designers' business policies. If you are unhappy with the product or service you have received from a Partner Boutique/Designer, you should contact us and we will liaise with the relevant Partner Boutique/Designer on your behalf to try and resolve the issue promptly. Further information about the Partner Boutiques/Designers and the products they offer is available in the "Boutiques and Products" section of our "Customer Care" Section of the Website.
SHOPPING PRICING AND PAYMENT
By completing checkout and placing an order, you are offering to purchase the products from the relevant Partner Boutiques/Designers (and not directly from us). Your order for the products is subject to these Terms and Conditions which are incorporated into the contract between you and the relevant Partner Boutique/Designer. All orders are subject to availability and confirmation of the order price.
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 promising that all details you provide are true and accurate, that you are over 18 years of age, that you are an authorized 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 allows you to check your order and correct any errors before completing checkout. Please take the time to read and check your order at each page of the order process as you are responsible for ensuring that the information you provide is accurate (for example, the correct products, quantities, size, color, ship to address etc.).
(a) Terms between you and the Partner Boutique(s)/Designer(s): The identity of the Partner Boutique/Designer is shown on the product page of the relevant products, in your bag at checkout when the products are added, and on the order confirmation page when you place an order. When you place an order, you will receive an acknowledgement 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 Partner Boutique/Designer.
(b) Pricing and availability: Although we try to ensure all details, descriptions and prices that appear on the Website are accurate, 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 and, acting on behalf of the Partner Boutique/Designer, give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you, your order will be treated as cancelled.
Shipping costs, if applicable, are not included in the prices and will be charged in addition. Shipping costs will vary depending on the total price of your order and your ship to address. Please see the "Shipping Information" section of our "Customer Care" page for further details of estimated shipping costs and processing and shipping times. Any applicable shipping costs will be clearly displayed on the Website before you place your order (and are included in the "Order Total" amount shown on the summary of charges page at checkout).
Depending on your ship to address, different taxation rules and additional charges may apply. If you are ordering from outside of the United States of America you may need to pay import duties upon receipt of the products, neither we nor the Partner Boutiques/Designers have any control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order. Additional information is also available in the "International Shipping Policies" section of our "Shipping Information" page.
Please note that in the event you return or refuse your order or any items thereof, you will be responsible for reclaiming any and all duties and taxes directly from your local customs office. We nor the Partner Boutique/Designer is not responsible for refunding these.
© Payment: Please see the "Payment Methods" section of our "How to Shop" page for details of what payment methods can be used. When you submit your order, we carry out a standard pre-authorization check on your payment card on behalf of the relevant Partner Boutiques/Designers. Products will not be dispatched to Partner Boutiques/Designers until this pre-authorization check has been completed. For information on when your payment will be debited from your account please see the "Order Processing" section in our "Shipping Information" page.
In the unlikely event that we or the Partner Boutiques/Designers encounter a problem when processing your order, we will email and/or phone you explaining the problem and possibly request further information to try and resolve the problem.
We reserve the right not to submit your order to the Partner Boutiques/Designers, and the Partner Boutiques/Designers reserve the right not to accept your order if, for example, the product ordered is out of stock, has been withdrawn or is otherwise unavailable, or if we are unable to obtain authorization for your payment or if you do not meet the eligibility criteria.
ORDER PROCESSING AND SHIPPING
Order processing times may vary depending on the Partner Boutique/Designer, availability of the products, and your ship to address. Processing times and Shipping Times are estimates only and cannot be guaranteed. The products will be delivered to you directly by the Partner Boutiques/Desigenr so your order may be delivered in multiple shipments. If a shipping fee was applicable to your order you will only be charged once even if your order is sent in multiple shipments.
Please also read the information on our "Shipping Information" page as this contains important information about your order and its shipping information.
Details of the countries we deliver to can be found on our "International Shipping Policies" section of our "Shipping Information" page. There are restrictions on some products for certain international destinations, so please review the information on that page carefully before ordering products.
If ordering outside of the United States of America your order may be subject to import duties and taxes which are applied when the delivery reaches your international destination. Please see (b) of the section "Shopping, pricing and payment" for more information on these duties and taxes.
You must comply with all applicable laws and regulations of the country for which the products are shipped to. We will not be liable or responsible if you break any national or international laws.
Please take the time to read the Return Policy on our "Returns & Refunds" page before placing your order.
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.
(a) Access to the Website : The Website is made available free of charge. 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 Terms and Conditions, 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 Partner Boutiques/Designers) satisfy any legal requirement that same communications be in writing.
(b) 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: (i) illegal, offensive, abusive, indecent, defamatory, obscene or menacing, and/or (ii) in breach of copyright, trademark, confidence, privacy or any other right, and/or (iii) otherwise injurious to third parties, and/or (iv) objectionable, and/or (v) 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 offense 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.
(c) Linking: We encourage 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.
(d) Our liability: 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: (i) use of, or inability to use, the Website; or (ii) 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.
INTELLECTUAL PROPERTY, SOFTWARE, CONTENT AND COPYRIGHTS
We, our Partner Boutiques/Designers, or our vendors are the owner or the licensee of all intellectual property rights in the Website and its content (such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software including the presentation and compilation of the same) ("Content"). The rights in the Website and the Content are protected by United States and 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-utilize 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-utilization 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.
The trademarks of CoutureCandy and our vendors may not be used without written permission. Trademarks include the CoutureCandy name and logo, and other graphics, logos, page headers, button icons, scripts, and service names of CoutureCandy products, services, and programs, and those of our vendors.
All other trademarks that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CoutureCandy or our vendors.
DISCLAIMERS OF LIABILITY
We make no representations or warranties of any kind, whether express or implied, with respect to this website, its content, or the information available on or through it. Except as otherwise provided under applicable laws, we and our corporate affiliates, and the directors, officers, employees, agents, contractors, successors and assigns of each, will not be liable for any damages whatsoever arising out of or related to the use of this website or any other website linked to it. This limitation of liability applies to direct, indirect, consequential, special, and punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if we are notified in advance of the potential for any such damages.
Except for information necessary to place an order, we do not want to receive confidential or proprietary information or trade secrets through this website. Any information, materials, suggestions, ideas or comments sent to us will be deemed non-confidential, and by submitting it, you are granting us an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission. By submitting images, descriptions, and other information to CoutureCandy, you are providing permission for CoutureCandy to use this material in any way.
By visiting this website, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these conditions of use and any dispute of any sort that might arise between you and us or any of our affiliates.
Any dispute relating in any way to your visit to our website or to products purchased here shall be submitted to confidential arbitration in Santa Barbara, California. However, if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of California. You consent to exclusive jurisdiction and venue in such courts. Any arbitration under this agreement shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration with respect to this website or to products purchased here shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise.
As part of our ongoing commitment to ensure that your shopping experience with CoutureCandy is protected, CoutureCandy will prosecute all unauthorized or fraudulent transactions to the fullest extent allowed by law.