1 In General
Access to and use of this Web site and the products and search services
available through this Web site (collectively, the "Services") are subject to
the following terms, conditions and notices (the "Terms of Service"). By using
the Services, you are agreeing to all of these terms, conditions and notices,
without modification. Furthermore, you acknowledge that the Terms of Service
may be updated by us from time to time. This Web site also contains links to
other Web sites, Web pages and services, which are not operated by Boho Fashion
Jewellery (the "Linked Sites"). Your use of such Linked Sites will be subject
to the terms of service contained within each such site and the respective
terms of service will control the use of the respective site. In any event your
link through to such a site will be subject to the these Terms of Service. You
recognise that Boho Fashion Jewellery has no control over such Linked Sites and
information, and you accept that Boho Fashion Jewellery provides no guarantee
as to the accuracy or reliability of such sites or the information contained in
them and you agree that we shall have no responsibility as to whether such
links locate unintended or objectionable content or otherwise cause you
distress, loss or damage.
2 Privacy policy
Under Boho Fashion Jewellery's privacy policy we may disclose to third parties
certain information contained in our Users' registration applications, but we
will not disclose your name, address, email address or telephone number unless
we have informed you, been authorised by you, or are required to do so by law,
subject to the Data Protection Act 1998. Our privacy policy may be found at
Privacy Policy
3 Prohibitions
You will not: commit or encourage a criminal offence; send or receive any
material which is in any way offensive or obscene, or in breach of confidence,
copyright, privacy or any other rights; act contrary to the acceptable use
policies of any Linked Sites or community standards generally; transmit or
distribute a virus; hack into any aspect of the Service; corrupt data; cause
annoyance to other Users; infringe upon the rights of any other person's trade
marks or other proprietary rights; send any unsolicited advertising or other
promotional material, commonly referred to as "spam"; or attempt to affect the
performance or functionality of any computer facilities of or accessed through
the Boho Fashion Jewellery Web site.
4 Intellectual Property, Software and Content
The intellectual property rights in all software made available and content
supplied to you remains the property of Boho Fashion Jewellery, its licensors,
advertisers or content suppliers. You will comply with the terms of any
agreement required by the owner of intellectual property rights in all software
and content supplied to you as notified to you and you hereby acknowledge that
all software that is not made readily available to you is confidential, and
that all other rights including but not limited to database rights and
copyright are asserted and reserved by Boho Fashion Jewellery, its licensors,
advertisers or content suppliers. You may store, manipulate, analyse, reformat,
print and display the content supplied solely for your own personal use. In no
event are you permitted to publish, distribute or otherwise reproduce in any
format any of the content or copies of the content supplied to you or which
appears on the Boho Fashion Jewellery site and you are prohibited from using
any such content in connection with any business or commercial enterprise
including, without limitation, any media business or enterprise. You shall not
modify, translate, reverse engineer, decompile, disassemble (except to the
extent that applicable laws expressly or impliedly prohibit such restriction)
or create derivative works based on any software or any documentation
accompanying such software supplied by Boho Fashion Jewellery, its licensors,
advertisers or content suppliers.
5 E-tail of Products and Services
By making a request/order you are offering to purchase a product which we will
accept to sell to you on the following Terms and Conditions. All requests are
subject to availability and confirmation of the order price by us. Dispatch
times may vary according to availability and any guarantees warranties or
representations made as to delivery times are limited to mainland UK and are on
the basis that we are not responsible for any delay in delivery occurring due
to postal delays or force majeure. Boho Fashion Jewellery are absolutely
entitled to refuse any request made by you. If your order is accepted we will
inform you by emailing you or else by calling you. We will also provide the
identity of the party you have contracted with. This may be Boho Fashion
Jewellery or in certain cases a third party. Where a contract is made with a
third party Boho Fashion Jewellery is not acting as either agent or principal
and the contract is made between yourself and that third party. When making a
request you undertake that all details you provide to us requesting goods or
services or bids made at auction are true and accurate, that you are an
authorised user of the credit or debit card used to make your request or bid
and that there are sufficient funds to cover the cost of the goods, services or
bid. It is your responsibility to inform us of any changes to these details as
soon as possible. The cost of foreign products and services may fluctuate. All
prices advertised are subject to such changes.
6 Disclaimer of warranties
The services and all information, products and other content included in or
accessible from this web site and the linked sites, are provided on an "as is"
and "as available" basis and are subject to change at any time without notice
to you. To the fullest extent permitted by law, Boho Fashion Jewellery
disclaims and excludes all representations and warranties (express, implied and
statutory, including but without limitation the warranties of merchantability
and fitness for a particular purpose, and non-infringement of proprietary
rights) as to the services and all information, products and content included
in and accessible from this web site or the linked sites.
7 Disclaimer of liability
Unless expressly stated to the contrary to the fullest extent permitted by law
Boho Fashion Jewellery, its content providers, advertisers or linked sites
shall not be liable for any damages whatsoever, including but without
limitation to any direct, indirect, special, consequential, punitive or
incidental damages, or damages for loss of use, profits, data or other
intangibles, damage to goodwill or reputation, or the cost of procurement of
substitute goods and services, arising out of or related to the use, inability
to use, performance or failures of this web site or the linked sites, even if
Boho Fashion Jewellery had been advised of the possibility of such damages and
irrespective of whether such damages arise in contract, tort, equity,
restitution, by statute, at common law or otherwise. You have read this
disclaimer and agree to it on the basis that you agree it is reasonable.
8 Disclaimer as to ownership of trade marks, images of
personalities and third party copyright
Except where expressly stated to the contrary all persons including their names
and images, third party trade marks and images of third party products,
services and locations featuring on the Boho Fashion Jewellery web site are in
no way connected, associated, linked or affiliated to Boho Fashion Jewellery or
Boho Fashions Ltd furthermore, unless it is expressly stated on the Boho
Fashion Jewellery web site that a certain product, service or location is
connected, associated, linked or affiliated to the makers, right owners or
broadcasters (the "makers") of a film or programme you should not make such an
assumption, or rely in any way on the existence of such a connection,
association or affiliation, by implication or otherwise. Any trade marks/names
as may be featured on the Boho Fashion Jewellery web site are owned by the
respective trade mark owners and Boho Fashion Jewellery claims no connection,
association or affiliation with them. Where a trade mark (brand name) is
referred to it is used to describe or identify the products, services or
locations (the "goods") or else it is used to identify the film or programme
where such goods appeared, but that is in no way an assertion or claim that
such goods are endorsed by or connected, associated, linked or affiliated to
the makers of the relevant film or programme.
9 Indemnity
You agree to indemnify, defend and hold harmless Boho Fashion Jewellery, its
directors, officers, employees, consultants, agents, and affiliates, from any
and all third party claims, liability, damages and/or costs (including, but not
limited to, legal fees) arising from, without limitation, your use of the Boho
Fashion Jewellery services, your breach of the Terms of Service, your
infringement of any intellectual property right or any other right of any
person or entity, or your breach of any duty of confidence or privacy, or any
defamatory statements made by you in any form.
10 Variation of content
Boho Fashion Jewellery shall have the right in its absolute discretion at any
time and without notice to amend, remove or vary any of the content supplied in
connection with the Service or which appears on any page of the Boho Fashion
Jewellery Web site.
11 Submissions
All information and material submitted by you to Boho Fashion Jewellery or that
you publish on any public area of the Boho Fashion Jewellery Web site shall be
provided by the submitter and accepted by Boho Fashion Jewellery on a
non-confidential basis subject to paragraph 2 above. Furthermore, Boho Fashion
Jewellery shall be granted a perpetual royalty-free non-exclusive license in
the copyright of any material submitted and Boho Fashion Jewellery shall be
free to use, edit, copy, republish and distribute (for any purpose) and
authorise others to do the same, any such information or material and any ideas
contained in such information or material.
12 Termination
Boho Fashion Jewellery may at any time terminate or suspend any part of the
Service without notice to you.
13 Invalidity
If any part of the Terms of Service is unenforceable (including any provision
in which we exclude our liability to you) the enforceability of any other part
of the Terms of Service will not be affected all other clauses remaining in
full force and effect. So far as possible where any clause/sub-clause or part
of a clause/sub-clause can be severed to render the remaining part valid, the
clause shall be interpreted accordingly. Alternatively, you agree that the
clause shall be rectified and interpreted in such a way that closely resembles
the original meaning of the clause /sub-clause as is permitted by law.
14 Governing law and jurisdiction
Upon entering the Boho Fashion Jewellery site you are bound by these terms and
conditions. These terms and conditions are to be construed in accordance with
the laws of England and Wales and irrespective of your place of domicile, in
the event of any dispute associated with these terms and conditions, that
dispute shall be subject to the exclusive jurisdiction of the English High
Court, the Strand, London. Any dispute in any way referable to the content of
this site whether in respect of its trade marks, copyright or image content
shall be resolved exclusively by arbitration the terms of which are to be
agreed between Boho Fashion Jewellery and yourself and provide no right or
recourse to any relief of the English Courts whether interim or otherwise and
that by accessing this site you waive your right for all time to any such
right.
15 Entire agreement
The above Terms of Service constitute the entire agreement of the parties and
supersede any and all preceding and contemporaneous agreements between you and
Boho Fashion Jewellery. Any waiver of any provision of the Terms of Service
will be effective only if in writing and signed by a Director of Boho Fashion
Jewellery.