Sunday 05 September 2010

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AprilBoo terms & conditions.

Introduction
These terms and conditions apply to the use of this website www.AprilBoo.com. By placing an order and/or visiting this site you accept these terms and conditions in full, regardless of whether you have registered with us or not. If you disagree with any part of these terms and conditions you must not use this website.
 
AprilBoo may update, remove, or change these Terms and Conditions at any time without notice. Revised terms and conditions will apply from the date they are publicised on this website. Therefore, we recommend that you should check this page regularly for any changes as you will be bound by them each time you use this site.
 
Restricted access
AprilBoo reserves the right to restrict access to any or all parts of this website, or withdraw or amend this site at any time and without notice. We will not be held liable if for any reason this site becomes unavailable at or for any period of time.
If we provide you with a user ID and password chosen by you to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential. We may disable your user ID and password in our sole discretion without notice.
 
Unacceptable use
Under the Computer Misuse Act 1990 we will report any breach to the relevant law enforcement authorities and disclose your identity if you misuse this site. You must avoid any of the breaches listed below:
 
• You must not misuse this website including - hacking into any part of this site, corrupting data or in any way that causes, or may cause, damage or impairment of the availability or accessibility of the website.
 
• It is prohibited to post or transmit to or from this website any material which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world.
 
• You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which is technologically harmful and consists of, or is linked to, any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, logic bomb or other malicious computer software.
 
• You must not use the website to transmit or distribute any material that is threatening, offensive, obscene, in breach of confidence or privacy, or which may cause annoyance or inconvenience to other users.
 
• You must not conduct any systematic or automated data collection activities, including without limitation scraping, data mining, data extraction and data harvesting, on or in relation to this website without our express written consent.
 
• You must not use this website to transmit or to send unsolicited commercial communications or promotional material without our express written consent.
 
Licence to use website
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved. These rights are protected by copyright laws and treaties around the world.
You may view, download for caching purposes only, and print pages from the website for your own personal use only, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not copy, reproduce, modify, distribute, republish (including republication on another website), sell, rent or sub-license, show any material from the website in public, exploit material on our website for a commercial purpose, redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter), post or transmit any part of this site without the permission of AprilBoo.com.
You must not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or any documentation accompanying such software supplied by AprilBoo, its licensors, advertisers or content suppliers. AprilBoo trademark belongs to Artica Boutique Limited. No license or consent is granted to use this trademark in any way. You agree not to use these marks or any marks which are colourably similar without the written permission of AprilBoo.
 
Privacy policy
Please make sure that you have read and understood our Privacy Policy which explains how we safeguard and use any information that you have provided to us. By using this website, you agree to our Privacy Policy and warrant that all data provided by you is accurate.
 
Liability
Nothing in these terms and conditions (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence (as such term is defined by the Unfair Contract Terms Act 1977), for fraudulent misrepresentation, misrepresentation as to a fundamental matter or for any other liability which cannot be excluded or limited under applicable law.
AprilBoo, our content providers, advertiser, or linked sites exclude all liability and responsibility for any kind of loss or damage that may result to you or a third party. Irrespective of whether in contract, tort (including negligence), equity, restitution, by statue, at common law or otherwise our liability is limited, without limitation, as follows:
• We will not be liable for any damages whatsoever to any direct, indirect, consequential, special, punitive or incidental damages.
• We will not be liable for any to loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information.
• We will not be liable 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 website or the linked sites and any materials posted thereon even if AprilBoo has been advised of the possibility of such damages.
• We will not be liable for loss or damage due to viruses, distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this website or your downloading of any material from this website or any websites linked to this website.
• If your use of material on this website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
• We will not be liable for any loss or damage arising out of any event or events beyond our reasonable control.
 
Limited warranties
Whilst we make every effort to ensure that the information on this website is correct, we do not warrant its completeness or accuracy, or that the material on the website is kept up-to-date. We may make changes to the material on this website, or to the products and prices described in it, at any time without notice.
 
To the full extent permitted by applicable law we exclude all representations whether implied or expressed and statutory, including but without limitation the warranties of merchantability and fitness for a particular purpose, and non-infringement of proprietary rights, warranties and conditions relating to the services and all information, products and content included in and accessible from this website or the linked sites.
 
Indemnity
You agree to indemnify us fully, defend and hold harmless AprilBoo and our officers, directors, employees and agents, from and against all claims, liability, damages, losses, costs (including but not limited to legal fees) arising out of any breach of the terms and conditions by you, or your use of this website, or the use by any other person using your registration details.
 
Linking to and from this website
You may link to this website as long as it is fair and legal and your website doesn’t contain content that is offensive, damaging to our reputation, or infringes any intellectual property rights or other rights of any other person. The link must not imply any association, approval or endorsement on our part unless you have our express consent. A frame must not be created around this website and you cannot link from a website that is not owned by you.
We reserve the right to withdraw linking permission at any time without notice. This website contains links to other websites. These are provided for your convenience. AprilBoo has no control over the linked sites nor do we maintain them, therefore we can not be held liable in respect of anything contained on these sites.
 
Terms of Sale
When you make a purchase with AprilBoo.com you will receive an acknowledgement email of receipt of your order. Your contract with us is not formed until we send you an e-mail notifying you that the items have been dispatched to your delivery address and only goods listed in the dispatch email will be included in the contract formed.
You must be 18 years of age or over in order to order from us. Ordering is done on the basis that all details you provide to us are true and accurate and that you are an authorised user of the credit or debit card used. Goods will not be dispatched until a standard pre-authorisation check has been completed to ensure you have sufficient funds in your account to cover the transaction. Your card will be debited once the order has been accepted.
Delivery times may vary according to availability and we do not take any responsibility for any delay in delivery occurring due to postal delays or force majeure.
VAT is not charged on our prices. We will charge you separately for delivery costs, which will be displayed in your shopping basket and will be included in the 'Total Cost' We may refuse to accept an order if the goods are not available, if we cannot obtain authorisation of your payment, if there has been a pricing or product description error or if you do not meet any other eligibility criteria set out in our terms and conditions.
Occasionally we may issue promotional codes. These codes are non-transferable and can only be used by the person to whom they are issued and must only be used in accordance with their terms and conditions of use. If you do not meet this criteria we may reverse the benefit that you obtained and take a further payment, equivalent to the value of the benefit obtained, from the card used.
 
Cancellation
If you change your mind about anything you order and wish to return your goods or cancel your order you may do so subject to our Returns policy. For more information please refer to the Returns section.
Disclaimer of 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/or locations featured on this website are not linked, associated or affiliated with AprilBoo. Any trade marks/names featured on this website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to AprilBoo.

Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions shall continue to have full force and effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement
These terms and conditions, together with our privacy policy, constitute the entire agreement between you and AprilBoo in relation to your use of our website, and supersede all previous agreements in respect of your use of this website. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of AprilBoo.

Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with English law, and any disputes or claims relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of England.

Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Assignment
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Exclusion of third party rights
These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.
 
www.aprilboo.com is operated by:

Artica Boutique Limited is registered in England and the company number is 6683390.Our registered address is Harold G Walker Solicitors, 21 Oxford Road, Bournemouth BH8 8ET.
You can contact us by:
Trading address:
AprilBoo.com Department 332 89 Commercial Road Bournemouth Dorset BH2 5RR UK
General email: customercare@aprilboo.com
 
 


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