Terms & Conditions
TERMS AND CONDITIONS
Last updated January 13th, 2012
Welcome to www.eastofmayfair.com (the “Site”), a website operated by East of Mayfair. We provide our users with a marketplace where we sell products (“Products”) and offer a number of related services (collectively, the “Services”). By accessing or using the Site, or purchasing our Products, you agree to be bound by all of the terms and conditions in, and linked to, in the Terms and Condition (the “Terms & Conditions”or the “Agreement”). IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS & CONDITIONS, YOU MAY NOT ACCESS OR USE THIS SITE OR PURCHASE ANY PRODUCTS.
East of Mayfair reserves the right, in its sole discretion, to update or revise these Terms & Conditions. Your continued use of the Site following any changes to the Terms & Conditions constitutes acceptance of those changes. We will notify you of any such changes by posting notice of the changes on the Site, and/or, in our sole discretion, by email to the last known address that you have provided us.
You must be 18 years or older to create an Account (“Account”) with or order Products on East of Mayfair. When you register, you must only provide us with true, accurate, current and complete information for your Account and/or Orders (defined below). If we believe or suspect that your information is or becomes not true, accurate, current or complete, we may deny or terminate your access to the Site or Services (or any portion thereof).
When you set up an Account, you are required to provide your name, email address and select a password (collectively, your “Account Information”), which you may not transfer to or share with any third parties. If someone accesses our Site or Services using your Account Information, we will rely on that Account Information and will assume that it is really you or your representative who is accessing the Site and Services. You are solely responsible for maintaining the confidentiality of your Account Information, and you agree to accept responsibility for all activities that occur thereunder. You agree to immediately notify us in the event of any unauthorized use of your Account or other breach of security. You may only have one Account, and You may not use anyone else’s Account at any time, without the permission of the Account holder. Access to and use of certain areas of the Site is restricted to authorized users only. You agree not to register for an Account on behalf of an individual other than yourself without such individual’s authorization or register for an Account on behalf of any group or entity.
Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as we deem necessary or reasonable, to ensure the security of the Site and your Account, including without limitation terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. In no event and under no circumstances will we be held liable to you for any liabilities or damages resulting from or arising out of: (i) any action or inaction of East of Mayfair under this provision; (ii) any compromise of the confidentiality of your Account or password; and (iii) any unauthorized access to your Account or use of your password.
Use of Site
You may not use the Site or Services for any purpose that is unlawful or prohibited by the Terms & Conditions, or to solicit, promote or conduct the performance of any illegal or fraudulent activity or other activity which infringes the rights of East of Mayfair or others. You represent and warrant that you will not use, reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Services, your use of the Site or Services, or access to the Site or Services for any purposes other than for which the Site or Services are being provided to you. Notwithstanding any other rights or restrictions in the Terms & Conditions, you represent and warrant that you will not use this Site to: (a) transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us; (b) upload, introduce or transmit to the Site or any other computer or web site viruses, worms, Trojan horses and/or harmful code; (c) obtain unauthorized access to any computer system or any portion of the Site to which you are not authorized to access; (d) impersonate any other person, including but not limited to, a registered user of this Site or an employee of East of Mayfair; (e) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (f) use the Site or Services to collect or harvest information regarding other users of the Site for any reason whatsoever or to generate and send unsolicited commercial email; (g) attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site; (h) use the Site or Services to stalk, harass or harm another individual; (i) use any high volume automatic, electronic or manual process to access, search or harvest information from the Site or Services (including without limitation robots, spiders or scripts); (j)interfere in any way with the proper functioning of the Site and Services or interfere with or disrupt any servers or networks connected to the Site or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services; or (k) mirror or frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.
The Terms & Conditions, together with any additional terms on the Site, will govern any order you make through the Site or Services for Products (such order, an “Order”). When you place an Order, we will confirm your Payment Information (defined below) and shipping address by sending an email to the email address you have provided. Your placement of an Order through our Site is an offer to purchase the Product(s) ordered and we may accept your Order by processing your payment and shipping the Product(s). For any reason, we may decline to accept your Order or any part of your Order. No Order will be considered accepted by East of Mayfair until the Product(s) has been shipped. If some Products in your Order are temporarily out of stock, we will ship the available Products only and notify you of any Products that cannot be fulfilled. If we decline to accept your Order, we will attempt to notify you at the email address you provided. Any estimated shipping date provided by East of Mayfair is based on Product availability and payment processing time, and does not include transit time. All Products will be deemed accepted by you upon shipment, and title to, and risk of loss of, any Products you order passes to you when East of Mayfair provides the Product(s) to a common carrier.
Promotion Code Terms & Conditions
Promotional codes entitle you, at the time of ordering, to a saving on a new order placed with East of Mayfair. Details of any minimum or percentage discount, including VAT and saving entitlement can be found in your voucher email. Promotion codes are only valid for orders placed online. Promotion codes entitle you, at the time of ordering, to a saving on a new order placed with East of Mayfair. East of Mayfair reserves the right to decline to accept orders where, in its opinion, a promotion code is invalid for the order being placed. Promotion codes are only valid for a limited period of time. The expiry date will be publicised with the relevant promotion code. Only one promotion code can be used per order. Promotion codes are not valid in conjunction with any other promotion. Offer is not valid on sale items or other discounted items. In the event of product returns, refunds will be given for cash used in the original purchase once the discount is applied, less any shipping costs charged on the original order. In the event of part of the order being returned, the value of the discount applied on that order will be spread between the goods proportionately. The sum in cash exceeding this value, less any shipping costs charged on the original order, will be returned to the customer. The promotional discount will not be applied to replacement items, if the offer is still valid at the time of making a return – you should place a new order using the original promotional code. In the event of any returns meaning that the order no longer qualifies for the promotion advertised, East of Mayfair reserves the right to deduct the value of the offer from the refund. East of Mayfair reserves the right to change these Terms and Conditions at any time East of Mayfair reserves the right to terminate the validity of any promotional code at any time.
To pay for an Order, you will need to provide East of Mayfair with the information necessary to process an Order from you, including your shipping and billing addresses and the following billing information: (i) your name as it appears on the card,(ii) the credit card type (VISA, MasterCard, American Express or any other issuer then accepted by East of Mayfair), (iii) a valid credit card number; (iv) the date of expiration of your credit card, and (v) any activation numbers or codes needed to charge your card (collectively, your “Payment Information”). We collect Payment Information only to process your transaction and transmit it to our third party payment processor. If you do not wish to provide us any Payment Information, you may opt to process your order with PayPal, in which case we will not collect any Payment Information from you. By submitting your Payment Information to us, you authorize our third party payment processor to charge your credit card for the amount of the purchase at our convenience but within thirty (30) days of credit card authorization. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. We will not be liable in the event others acting with or without your permission use your credit card to make purchases on the Site; however you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your card.
Pricing and Products
We make efforts to display our Products and their colours as accurately as possible. Having said that, the displayed colours of the Products will depend upon your monitor and we cannot guarantee that your monitor will accurately portray the actual colours of the Products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. We are not responsible for typographical errors regarding price or any other matter. All prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total purchase price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your Order.
Ownership and Trademarks
The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of East of Mayfair and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the Internet without the written permission of East of Mayfair or such third party which may own the Marks. Ownership of all such Marks and the goodwill associated with them remains with, and inures to, us or those other entities. All information and content including any software programs available on or through the Site (“Content”) is protected by our or our licensors’ copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for purposes other than their personal, non-commercial use. You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Site or Services (“Our Technology”) are: (i) copyrighted by us and/or our licensors under UK and international copyright laws; (ii) subject to other intellectual property and proprietary rights and laws; and (iii) owned by us or our licensors. Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. Nothing in these Terms & Conditions grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally permitted through the Site according to these Terms & Conditions. Furthermore, nothing in these Terms & Conditions will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology. Any use of third party software provided in connection with the Site or Services will be governed by such third parties’ licenses and not by these Terms & Conditions.
Additional Terms and Conditions
Specific terms and conditions may apply to specific portions of our Products, on the Site, or your Account (“Additional Terms”). Any such Additional Terms will be available on the applicable web pages and/or near the portions of the Site to which they are applicable and/or as part of these Terms & Conditions. You agree to abide by any such Additional Terms. If there is a conflict between these Terms & Conditions and the Additional Terms, the latter terms shall control with respect to your use of that portion of the Site, the Products or your Account.
The following terms and conditions apply to the applicable features on the Site:
(a) Returns. There are no returns or exchanges on Products, provided, however, that we reserve the right to grant and process returns in our sole discretion in the event of damaged or incorrect merchandise.
(b) The aforementioned clause regarding damaged merchandise does not apply to Secondary Market works by estates of artists who are no longer living.
(c) Credit Balances. Any credit balance will be automatically applied to your next purchase of merchandise from the Site and the order of redemption of such credits will be determined by East of Mayfair. To the extent your credits exceed the amount of your total purchase, the excess credit balance will remain in your Account to be applied to your next purchase, subject to the foregoing terms and conditions. If your Account is terminated for any reason, any credit balances in your Account may be cancelled, except as prohibited by law. Account balances are determined by East of Mayfair and such determination is final.
(d) Text Messages. If you provided us with your mobile phone number, you must have a text messaging-enabled mobile device with a text messaging plan in order to receive text messages from us. While East of Mayfair does not charge for this service, charges from your carrier for usage may apply and you are responsible for all such charges. Using this Service while driving or performing any other potentially dangerous activity which requires your attention may be distracting and unsafe for you and other people on the road, and is prohibited under the terms of th Terms & Conditions. It may also be illegal.
Modification and Notification of Changes
Procedure for Claims of Intellectual Property Infringement
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide East of Mayfair’s Copyright Agent the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(ii) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the Site;
(iv) your address, telephone number, and email address;
(v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Privacy and Security
Disclaimer of warranties
EAST OF MAYFAIR PROVIDES THE SITE ON AN “AS IS” BASIS. YOUR USE OF THE SITE, CONTENT, AND COMPILATION IS AT YOUR OWN RISK. EAST OF MAYFAIR DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COPYRIGHT OWNERSHIP AND/OR NONINFRINGEMENT OF COPYRIGHTS OR OTHER THIRD PARTY PROPRIETARY RIGHTS. EAST OF MAYFAIR DOES NOT WARRANT THAT THE SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. EAST OF MAYFAIR MAKES REASONABLE, ONGOING EFFORTS TO REVISE AND UPDATE THE SITE, BUT ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE SITE. EAST OF MAYFAIR ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE REPRODUCTION OF THE CONTENT OR COMPILATION.
Limitation of liability
[Soft Break]NEITHER EAST OF MAYFAIR, ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO YOUR USE OF THE SITE, CONTENT, AND/OR COMPILATION.
Warranty & Indemnification
By using the East of Mayfair Website in any manner, you represent and warrant that your use will be consistent with these Terms and Conditions, including Fair Use. You agree to indemnify, defend, and hold East of Mayfair, its affiliates, trustees, directors, officers, employees, or agents harmless from all claims, causes, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of the East of Mayfair Website.
Although we take every care to ensure accuracy, we make no warranties as to the accuracy of the information we place on our web pages. The extent of our liability for any breach of these terms and conditions shall be limited to the value of the goods ordered by you in the relevant transaction, however nothing in these terms and conditions shall exclude or limit East of Mayfair liability for death or personal injury as a result of East of Mayfair negligence.
East of Mayfair shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond its reasonable control.
Invalidity of Terms and Conditions
If for any reason part of these terms and conditions is unenforceable; the validity of the remaining terms and conditions shall not be affected.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with English Law and agree to submit to the exclusive jurisdiction of the English courts.
Survival of Terms
Notwithstanding any other provisions of these Terms & Conditions, or any general legal principles to the contrary, any provision of these Terms & Conditions that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms & Conditions.
We can only give you the benefits of our service by conducting business through the Internet, and therefore we need you to consent to our giving you Communications electronically. This Section 16 informs you of your rights when receiving Communications from us electronically. For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications (“Communications”) that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if it were in a writing. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your non-waivable rights. You may also receive a copy of these Terms & Conditions by accessing this Site. You may withdraw your consent to receive Communications electronically by contacting us in the manner described below.If you withdraw your consent, from that time forward, you must stop using the Site and Services. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption.
If you have any questions about these Terms & Conditions, please contact us at:
East of Mayfair
+44 207 247 4064