Terms and Conditions applicable to a buyer of Products using IAMSTYLEICON Limited / IAMSTYLEICON.COM
These terms and conditions are the contract between you and IAMSTYLEICON Limited (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them. Our suppliers may also impose additional terms and conditions to which your contract with them will be subject.
IAMSTYLEICON is a trade name of IAMSTYLEICON Limited, 08142395 incorporated in England and Wales, whose registered office is at Crown House, 151 High Road, Loughton, Essex, IG10 4LG.
1 Our contract
1.1 IAMSTYLEICON.COM is neither a buyer nor seller of Products offered for sale in any form. IAMSTYLEICON.COM is never either a principal or agent in a buying transaction.
1.2 IAMSTYLEICON.COM is a marketplace. We are agents of a Seller only in provision of this website as a platform for sale of his products and for collection and forwarding of your money.
1.3 We are not responsible to you further than to take your money and pass it to the Seller.
1.4 We welcome any comment or complaint about a Seller, which you make through our web site. We may act upon a complaint in our discretion, for the benefit of the body of IAMSTYLEICON.COM members.
1.5 These terms and conditions regulate the business relationship between you and us. By using our web site free of charge, you agree to be bound by them.
1.6 We provide a market place for the supply of Products. We are in no way responsible for:
1.6.1 your locating and ordering Products;
1.6.2 your choice of Products;
1.6.3 any aspect of the provision of the Products;
1.6.4 payment for any Product;
1.6.5 any complaint about any Product.
1.7 If you use this website, you do so in accordance with these terms. If you are unable to accept these terms, your only remedy is to leave the website.
1.8 In any dispute with a Seller, you should deal only with the Seller. We have neither legal status nor product information.
1.9 We may change this agreement in any way at any time. The version applicable to your contract is the version which was posted on Our Website at the time that the contract was made.
2 Your account and personal information
2.1 When you visit Our Website, you accept responsibility for all things done by any person in your name or under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
2.2 You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
2.3 You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.
3 The buying procedure
3.1 IAMSTYLEICON.COM is not responsible for the fulfillment of your contract to buy a Product.
3.2 Prices listed on Our Website by Sellers are inclusive of any applicable sales tax.
3.3 Unless it is clear to the contrary, you may assume that every sale is made by a trader in the course of his business.
3.4 Products may be offered for sale subject to any discount or promotion arranged between IAMSTYLEICON.COM and the Seller.
3.5 Subject to discounts and promotions, Products are offered for sale at a fixed price. VAT may be due and will be either included in the price or shown separately. If not shown, it will not be charged.
3.6 All Products will be subject to a delivery charge which will be shown at the pay point. The delivery charge will be fixed by the Seller for each item offered for sale. It may be changed at the discretion of the Seller. Once you have bought an item, the delivery charge offered to you cannot be increased.
3.7 Neither we nor the Seller can be responsible for action by any governmental authority. We do not know and are not responsible for duties, taxes, delays or impounding of any item.
3.8 You are required to pay in the currency in which the item is listed for sale on Our Website.
3.9 Every sale will be subject to the laws applicable but there shall not be implied any right which is not a legal right and which is not set down in this document.
3.10 For security purposes (yours and ours) we will not permit more than a maximum number of transactions with you in a given period of time.
3.11 To make future use of Our Website easier and faster for you, we will retain the personal and delivery information you give to us. We will not retain information relating to your payment or credit card. This financial information never comes into our control. The information is given into a page which is in reality a page of our payment service Seller. For full information about personal information please see our privacy notice.
4 Security of your credit card
4.1 We take care to make Our Website safe for you to use. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
4.2 If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.
5 If you buy as a consumer
If you are a citizen of the European Union and you buy as a consumer as defined in the Consumer Protection (Distance Selling) Regulations 2000, then:
5.1 if you cancel your contract within seven days of having made it, the Seller has a legal obligation to refund your payment in full.
5.2 If he has despatched your order by the time he receives your cancellation, you may still return the product to the Seller, un-used, and in sale condition, within fourteen days of receipt.
6 Maintaining your personal information
6.1 You understand and agree that you alone are responsible for all of the information you submit to us and for maintaining it up to date.
6.2 So far as you submit information for publication, must be accurate and complete. It must not include information which might enable a user to contact you directly, such as a telephone number, email address or street address.
6.3 If or when you cancel your account, we may delete all your personal information and documents relating to you. We may also delete your information if you have not taken any active step for a period of at least 24 months.
6.4 We are not obliged to delete your personal information immediately.
7 How we handle your Content
7.2 If you Post Content to any public area of Our Website it becomes available to all the World. We have no control who sees it nor what anyone does with it.
7.3 Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
7.4 We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant to us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, throughout the World and in any medium. You represent and warrant that you are authorised to grant all such rights.
7.5 We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
7.6 You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright, Designs and Patents Act 1988 s80.
7.7 Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
7.8 You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you;
7.9 You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
7.10 Please notify us of any security breach or unauthorised use of your account.
8 Security of Our Website
We may, at our discretion or as part of a paid Service, give you permission to access Our Website for the purpose of Posting or uploading Content of some sort. We may read, assess, review or moderate any Content Posted on Our Website. If we do, we need not notify you or give you a reason.
If you violate Our Website or use it unlawfully or immorally, we will take the strongest action against you that we can. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. Your action may also be unlawful in other countries, where you may accordingly be subject to extradition and criminal proceedings.
You now agree that you will not, and will not allow any other person to:
8.1 modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
8.2 link to our site in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
8.3 download any part of Our Website, without our express written consent;
8.4 collect or use any product listings, descriptions, or prices;
8.5 collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
8.6 aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
8.7 for any purpose use our name, any proprietary information (including images, text, page layout, or form) of ours or of our affiliates in any way and in particular to entice search robots to some other website;
8.8 use Our Website to hack into the computer of any other person or make contact with any other computer;
8.9 make available or upload files that contain software or other material, data or information not owned or licensed to you, including pirated computer programs, pirated music or other media or links to any such files;
8.10 make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, “Trojan horses”, “worms” or any other harmful software;
8.11 upload or republish any part of our Content on any Internet, intranet or extranet site.
8.12 hide or remove the banner advertisements on any page of Our Website;
8.13 share with a third party any login credentials to Our Website;
8.14 use on Our Website software which assists in:
8.14.1 data mining, extraction or collection;
8.14.2 emulating, hacking, password cracking, IP spoofing or over-loading Our Website;
8.14.3 “framing”, inserting pop-up windows, interstitial pages or advertisements, or similar techniques.
8.14.4 performing any automated operation;
8.15 Despite the above terms, we now grant a licence to you to:
8.15.1 create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
8.15.2 you may copy the text of any page for your personal use in connection with the purpose of Our Website or a Service we provide.
9 Copyright and Other Intellectual Property Rights
9.1 All Content on the website, for example page text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of either us or our affiliates or suppliers of products for sale. It is all protected by international copyright laws.
9.2 You may not copy, or in any way exploit any of the Content, except as is expressly permitted in this agreement or with our written consent. For the sake of good order you should note that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text.
10 Interruption to the IAMSTYLEICON.COM Service
10.1 We give no warranty that the IAMSTYLEICON.COM Service will be satisfactory to you.
10.2 We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our IAMSTYLEICON.COM Service for repairs, maintenance or other reason. We may do so without telling you first.
10.3 You acknowledge that our IAMSTYLEICON.COM Service may also be interrupted for reasons beyond our control.
10.4 You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to our IAMSTYLEICON.COM Service.
11 Our disclaimers
11.1 Our website contains links to other Internet web sites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked web site, nor for any loss or damage arising from your use of any such web site.
11.2 We are not liable in any circumstances for special, indirect or consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website.
11.3 The IAMSTYLEICON.COM website and IAMSTYLEICON.COM Services are provided “as is”. We make no representation or warranty of any kind, express or implied, including, without limitation, any warranty that either of them will be:
11.3.1 of satisfactory quality;
11.3.2 fit for a particular purpose;
11.3.3 available or accessible, without interruption, or without error;
11.4 So far as concerns goods you buy through Our Website, we are not liable for:
11.4.1 any goods or product or service complying with the requirement of any law or being available;
11.4.2 the Seller performing his contract;
11.5 Because we are not the agent or either Seller or buyer, you now release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and a Seller.
12 Miscellaneous matters
12.1 No amendment or variation to this agreement is valid unless in writing, signed by each of us or by our respective authorised representative.
12.2 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
12.3 For the purposes of the Data Protection Act 1998 you consent to the processing of your personal data (in manual, electronic or any other form) relevant to this agreement, by us and/or any agent or third party nominated by us] [and bound by a duty of confidentiality. Processing includes but is not limited to obtaining, recording, using and holding data and includes the transfer of data to any country in any part of the World.
12.4 If you are in breach of any term of this agreement, we may:
12.4.1 publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.
12.4.2 terminate your account and refuse access to Our Website;
12.4.3 remove or edit Content, or cancel any order at our discretion;
12.4.4 issue a claim in any court.
12.5 Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
12.6 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
12.7 When you visit Our Website or send messages to us by email, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on Our Website. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.
12.8 Any communication to be served on either of us by the other shall be delivered by hand or sent by first class post or recorded delivery or by fax or by e-mail.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
If sent by fax to the correct number: within 24 hours;
If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
12.9 In the event of a dispute between us, then, if we so ask, you undertake to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
12.10 This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that act.
12.11 We shall not be liable for any failure or delay in our performance of this agreement which is caused by circumstances beyond our reasonable control.
12.12 In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
12.13 This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
12.14 The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in England and Wales.