Terms & Conditions

VOUTIQUE.co.uk is an online market place where members can buy and sell products and services autonomously.  VOUTIQUE.co.uk owned by VOUTIQUE Ltd. By using the VOUTIQUE.co.uk web site you agree to be bound by the following terms and conditions (“User Agreement”).

1. Scope of these Terms & Conditions

The Terms & Conditions cover the contractual relationship between VOUTIQUE Ltd and members of VOUTIQUE.co.uk who use the services of VOUTIQUE.co.uk For contracts formed between members of VOUTIQUE.co.uk these Terms & Conditions apply only to the accomplishment of contracts between members on the VOUTIQUE.co.uk online platform. The Terms & Conditions do not apply to any impairment of performance within the contractual relationship between members.

These Terms & Conditions come into effect when registering on VOUTIQUE.co.uk. By clicking on the “I Agree“ button you agree to be bound by these Terms & Conditions.

You can recall your consent or cancel the contract between you and VOUTIQUE Ltd in writing. Our services are not available to, and may not be used by, persons under the age of 16 years.

2. Membership Eligibility and Registration

1. No registration is required if you use VOUTIQUE.co.uk to search products, shops or members. Member registration is required for a variety of features, functions and services such as bookmarking products, shops and members, contacting other members, giving comments, product ratings, creating a shop, listing items, selling and buying items. 
Registration as a member is free of charge. We reserve the right to refuse service and registration to anyone for any reason at any time. When you register and agree to be bound to these Terms & Conditions a contract between VOUTIQUE Ltd and you for the use of VOUTIQUE.co.uk is accomplished.

2. Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Our services are not available to persons under the age of 16. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms & Conditions.

3. You declare yourself willing to provide true, accurate, up-to-date and complete information as specified in the course of registration and shop and profile generation, and to update this data as necessary.

4. You must use every effort to keep your password safe and should not disclose it to any other person. You shall not transfer or sell your User Name to any other person. You shall also not permit, either directly or indirectly, any other person to utilise your User Name or password.

5. We reserve the right to delete accounts that have not completed the registration process, e.g. invalidated registrations.

3. Suspension, recall and cancellation

1. Without limiting other remedies, we may take the following actions without notice to you if you breach these Terms&Conditions or legal regulations or if we believe that your actions may cause us or our member’s financial loss or legal liability:

1. Remove and delete any content provided by you at VOUTIQUE.co.uk
2. issue a warning
3. limit your use of VOUTIQUE.co.uk
4. suspend or terminate your registration and refuse to provide our services to you

2.  VOUTIQUE Ltd reserves the right to irrevocably suspend your registration and to refuse services services to you without notice, if

1. You provide false contact data, e.g. false or invalid email address, postal address, 
   payment data
2. You transfer your account to a third party or any other person
3. If you damage other members or  VOUTIQUE Ltd or abuse services of  VOUTIQUE.co.uk for any other important reason

3.  VOUTIQUE Ltd reserves the right to cancel this User Agreement at any time and for any reason with a notice period of 7 days.

4. Suspended members are not permitted to use VOUTIQUE.co.uk and to create a new member account.

5. You can cancel the User Agreement at any time in writing to VOUTIQUE Ltd 31 Claremont Road, London W9 3DZ.

4. Buying

1. As a buyer, you have a legal obligation to complete a transaction with a seller if you purchase an item. The sale contract is formed when you click on the “Buy“ button in your shopping basket. After the purchase you will receive a confirmation email.

2. By purchasing an item you agree to be bound by the conditions of sale included in the item's description provided that those conditions of sale are not in breach of this User Agreement or otherwise unlawful.

3. Purchases are only retractable in exceptional circumstances, such as when the seller materially changes the item's description after a purchase has been made, a clear typographical error is made, or you cannot authenticate the seller's identity.

4. As buyer, you must ensure that you are legally able to buy any item that you purchase on the site.

5. Feedback System

1. User verification on the Internet is difficult, VOUTIQUE Ltd cannot and does not confirm the purported identity of users or the validity of the information which users post to the Site. The VOUTIQUE Ltd feedback rating system shall help users to evaluate the person with whom they are dealing, avoid fraud and guarantee quality. The feedback systems consists of comments and ratings left by the seller and the buyer after a sales contract has been established between the two.

2. Members are obligated to give their feedback in an explicitely true, faithful and objective manner and to give feedback only about details related to the respective purchase. Feedback shall not contain defamatory statements, shall be based upon facts and needs to be in accordance with legal regulations.

3. It is not permitted to give feedback about oneself or arrange for third parties to give feedback.  VOUTIQUE Ltd reserves the right to delete feedback and ratings in the case that these infringe these Terms & Conditions or legal regulations.

6. Basic Terms

1. All activities of members while using VOUTIQUE.co.uk or any service provided by VOUTIQUE Ltd shall be in accordance with legal regulations. Content provided by members on VOUTIQUE.co.uk shall not infringe legal regulations or these Terms& Conditions. 
2. Your information and your activities must not:

1. be false, inaccurate or misleading;
2. be offensive or menacing, abusive, defamatory;
3. be obscene, indecent or contain child pornography;
4. infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy;
5. be fraudulent or involve the sale of counterfeit or stolen items;
6. be in breach of any applicable laws or regulations (including, but not limited to, laws governing export control, consumer protection, unfair competition, anti-discrimination, false advertising);
7. copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your information) from  VOUTIQUE.co.uk without the prior expressed written permission of  VOUTIQUE Ltd and the appropriate third party, as applicable
8. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
9. link directly or indirectly to or include descriptions of goods or services that are prohibited under these Terms & Conditions;
10. add a  VOUTIQUE Ltd employee or a  VOUTIQUE Ltd user, even a user who has purchased an item from you, to your mail list (email or physical mail) without their express written consent after adequate disclosure;
11. contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;
12. cause the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of  VOUTIQUE.co.uk is in any way impaired
13. not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission

5. To enable  VOUTIQUE Ltd to use your information, you grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) licence to exercise the copyright, trade mark, publicity, and database rights you have in your Information, in any media now known or not currently known. You also waive all moral rights you have in your information to the fullest extent permitted by law.

7. Privacy

The VOUTIQUE Ltd Privacy Statement forms part of this User Agreement.

8. Liability & Warranty

1.  VOUTIQUE Ltd is not liable for contracts formed between members of VOUTIQUE.co.uk.

2.  VOUTIQUE Ltd is not liable for information on VOUTIQUE.co.uk provided by its members. We claim no intellectual property rights over the material provide by members of VOUTIQUE.co.uk.

3. You agree to indemnify and hold us harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms & Conditions (including the documents incorporated by reference), or your violation of any law or the rights of a third party.

4. In the event that you have any right, claim or action against any other user arising from that user's use of the Site, you agree to pursue such right, claim or action independently of and without recourse to us, and you release  VOUTIQUE Ltd(and our parent, subsidiaries, affiliates, officers, directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.

5. Nothing in this User Agreement shall limit or exclude VOUTIQUE Ltd liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. Subject to the foregoing,  VOUTIQUE Ltd will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this User Agreement.  VOUTIQUE Ltd has no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment. 

VOUTIQUE Ltd’s liability to you or any third party in any circumstance is limited to the greater of (a) the total fees you have paid to us in relation to the listing or other service offered giving rise to liability, and (b) £100.

6.  VOUTIQUE Ltd does not guarantee continuous, uninterrupted or secure access to our services, and operation of VOUTIQUE.co.uk may be interfered with by numerous factors outside of our control. VOUTIQUE.co.uk and the services of VOUTIQUE Ltd are provided "as is" and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance

9. Governing Law and Legal Compliance.

This User Agreement shall be governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the courts of England & Wales.

Please note, that your country (and/or that of any user you deal with) may have laws which apply to your transactions with other users regardless of what you agree with us (now) or with that user (later). 

The laws of your country may be different from the law of England & Wales, including laws governing what can be legally offered, sold, exported, bought or imported. There may be additional legal requirements, relating to (for example) the requirement to hold a licence to buy or sell certain items, or to register a transfer in a central registry. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase and solicitation of offers to purchase and sale of items. There is no practical way for us to continually monitor the laws of every country, or each user transaction. Please do not assume that you are allowed to do what other users do, or that we are approving or validating any transaction, even if you have successfully made similar sales or purchases in the past.

10. Notices

Unless otherwise explicitly stated, notices to VOUTIQUE Ltd must be sent by mail or email to VOUTIQUE Ltd 31 Claremonth Road, London W9 3DZ or support@voutique.co.uk. Notices to you will be sent to the email address provided by you during the registration process or by mail.

11. General

If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable. We reserve the right to alter these Terms & Conditions at any time. If the alterations constitute a material change to the Terms & Conditions, we will notify you via email according to the preference expressed on your account. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgement. 

You agree that this User Agreement and all incorporated agreements may be automatically assigned by VOUTIQUE Ltd in our sole discretion, to a third party in the event of a merger or acquisition or any other event. You and VOUTIQUE Ltd are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter. No oral explanation or oral information given by any party shall alter the interpretation of this User Agreement.

This Agreement will prevail over any conditions of sale imposed by a seller. Our Privacy Statement, Fees Policy and Prohibited Item Policy, are incorporated in this User Agreement by reference. Each of the policies may be amended from time to time and material changes will be posted on the Announcement Board except for the Privacy Policy for which we will provide you with thirty days notice.