Elvira Vintage

Welcome to Elvira Vintage

Privacy Policy & Terms of Use

Privacy & Cookies Policy

Your privacy and security is important to us. This Privacy & Cookies Policy (the “Policy”) sets out how we will treat your personal information and is intended to help you understand how we deal with any personal information we may obtain from you and how you may remove it.

This Policy has been prepared to meet the requirements of the UK’s Data Protection Act 1998 and The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011, (the “Acts”) and it only relates to the collection, protection, disclosure and use of personal data belonging to individuals who visit elviravintage.com, (our “Site”).

By clicking the “Allow” button on the drop-down banner that will appear on the first page you enter on our Site, you signify your acceptance of our Policy. Please note that this banner will only appear the first time you enter the Site. By providing your personal information to us, you agree that we may collect and use all personal information you provide to us in the ways described in this Policy. If you do not agree with the terms of this Policy, please do not provide personal details to us.

We will use your information only for the purposes set out below.

Please note that we may need to update this Policy from time to time to reflect changes in the law. We recommend that you check this page regularly to ensure that you have read the most recent version and are happy with any changes.

This Policy was last revised on 5 April 2013.

1. INFORMATION WE MAY COLLECT FROM YOU

  • 1.1 It is your choice to provide us with personal information. We may provide you with the option to select whether you would like to receive information from us or from trusted third parties by opting in or out of receiving promotional offers. In some circumstances, you will not have the option to opt out, for example, when we are administering a transaction requested by you, or if we are satisfying a legal requirement.
  • 1.2 Ways in which you may be providing us with personal information include, for example,
    • 1.2.1 registering on our Site;
    • 1.2.2 contacting us with an enquiry;
    • 1.2.3 purchasing a product;
    • 1.2.4 completing a survey which contains your personal information; and/or
    • 1.2.5 reporting a problem.
  • 1.3 The information we will collect from you includes, but is not limited to, data concerning traffic on our Site, location data, weblogs and other communication data, (whether this is required for our billing purposes or otherwise) and the resources that you access.
  • 1.4 By providing any personal information to us, you fully understand and clearly consent to the transfer, collection and processing of such personal information. Such transfer, collection and processing will comply with the terms of this Policy.

2. IP ADDRESSES AND COOKIES

  • 2.1 Like many other websites, we use “cookies” to help us gather and store information about visitors to our Site.
  • 2.2 We may collect information about your computer, including your IP address, operating system and browser type, for system administration. This is statistical data about our Site users’ browsing actions and patterns, and does not identify you as an individual.
  • 2.3 A “cookie” is a small text file which is created on your computer’s hard disk when you access certain websites. Cookies allow the website to recognise your computer. A cookie can identify the pages that are being viewed and this can assist us to select the pages that the visitor sees.
  • 2.4 “Session” cookies only exist whilst visitors are online on a particular occasion. These are temporary cookies that aid your journey around the site and remember the preferences you have selected during your “session”.
  • 2.5 "Persistent" cookies, which are not session-based, remain on a visitor’s computer, so that you can be recognised as a previous visitor when you next visit our Site. This allows us to collect information about your browsing habits whilst on our site, and this can be useful in assisting us to monitor and improve our services.
  • 2.6 We do not store sensitive information such as account numbers or passwords in any cookies, and cookies in themselves, do not contain enough information to identify you. You will only become personally identifiable in relation to your browsing habits after you have formally provided us with your personal data for the purposes outlined in Section 1.2 above.
  • 2.7 In addition to using cookies, we might also use GIFs and other web tools, such as Google Analytics, to collect information about your browsing activities whilst on our site. In this respect the information that is provided is similar to the information supplied by cookies, and we use it for the same purposes.
  • 2.8 Any information that we acquire about you using cookies, GIFs, or other web tools is subject to the same restrictions and conditions as any other information we collect about you, as outlined in this Policy.
  • 2.9 Some of our advertisers may also use cookies, GIFs, or other web tools that are set by other people such as advertising agencies, or the businesses to which the advertisements relate. We do not have access to any information that might be collected in this way, and, if you are concerned, you should contact the advertiser for more information.

3. THE COOKIES USED ON OUR SITE

3.1 The table below lists the cookies we collect and what information they store.

COOKIE name COOKIE Description
CART The association with your shopping cart. (SN)
CATEGORY_INFO Stores the category info on the page, that allows to display pages more quickly. (PF)
COMPARE The items that you have in the Compare Products list. (FN)
CURRENCY Your preferred currency (SN)
CUSTOMER An encrypted version of your customer id with the store. (SN)
CUSTOMER_AUTH An indicator if you are currently logged into the store. (SN)
CUSTOMER_INFO An encrypted version of the customer group you belong to.(SN)
CUSTOMER_SEGMENT_IDS Stores the Customer Segment ID (SN)
EXTERNAL_NO_CACHE A flag, which indicates whether caching is disabled or not. (SN)
FRONTEND You session ID on the server. (FN)
GUEST-VIEW Allows guests to edit their orders. (SN)
LAST_CATEGORY The last category you visited. (FN)
LAST_PRODUCT The most recent product you have viewed. (FN)
NEWMESSAGE Indicates whether a new message has been received. (FN)
NO_CACHE Indicates whether it is allowed to use cache.(FN)
PERSISTENT_SHOPPING_CART A link to information about your cart and viewing history if you have asked the site. (FN)
POLL The ID of any polls you have recently voted in. (FN)
POLLN Information on what polls you have voted on. (FN)
RECENTLYCOMPARED The items that you have recently compared. (FN)
STF Information on products you have emailed to friends. (FN)
STORE The store view or language you have selected. (SN)
USER_ALLOWED_SAVE_COOKIE Indicates whether a customer allowed to use cookies. (SN)
VIEWED_PRODUCT_IDS The products that you have recently viewed. (FN)
WISHLIST An encrypted list of products added to your Wishlist. (FN)
WISHLIST_CNT The number of items in your Wishlist. (FN)

Cookie Key -

SN - Strictly Necessary

PF - Performance

FN - Functionality

  • 3.1 Cookies set by Google Analytics include:
    • 3.1.1 _utma, _utmb, _utmc, _utmz, or others within the range _utma to _utmz. These cookies are used to store information about the number of visits, duration of browsing, referring sites and other analytical information and compile reports for us on Site activity. No personal information is stored in these cookies.
    • 3.1.2 These cookies collect information about how you use a website, for instance which pages you go to the most often and if you get error messages from web pages. All information these cookies collect is aggregated and therefore anonymous. They are only used to improve how a website works, by managing the performance and design of the Site.
    • 3.1.3 For more information about the way in which Google Analytics uses these cookies, please visit the following link -
    • http://code.google.com/apis/analytics/ docs/concepts/gaConceptsCookies.html
    • 3.1.4 Google stores the information collected by the cookies on servers in the United States. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google state that they will not associate your IP address with any other data held by Google. By using our Site, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
  • 3.2 If you wish to know all the cookies we have set and how to delete or manage them, please refer to www.allaboutcookies.org.

4. HOW TO DISABLE/ ENABLE COOKIES

  • 4.1 You have the ability to accept or decline cookies by modifying the settings in your browser. For example, in Internet Explorer, you can go to Tools and then Internet Options, where there is the option to change your settings to disable cookies. However, you may not be able to use all the interactive features of our site if the cookies are disabled.
  • 4.2 You also have the ability to delete cookies that have been installed in the cookie folder of your browser. To do this you should search for “cookies” in your “Help” function for information on where to find your cookie folder.
  • 4.3 Unless you have adjusted your browser settings so that it will refuse cookies, our Site will issue cookies on visiting, browsing and logging in.
  • 4.4 To prevent Google Analytics cookies being set, you may install the Google Analytics Opt-Out Browser Add-On by clicking on this link - http://tools.google.com/dlpage/gaoptout and following the instructions.

5. WHERE WE STORE YOUR PERSONAL DATA

  • 5.1 All information you provide to us is securely stored on our servers. Any payment transactions will be encrypted [using SSL technology]. Where we have given you (or where you have chosen) a password allowing you to access certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
  • 5.2 The information that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. By submitting your personal information, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Policy.
  • 5.3 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your personal data, we will use strict procedures and security features to try to prevent unauthorised access.

6. USES MADE OF THE INFORMATION BY US

  • 6.1 We may use personal information collected from you to provide specific services that you request and to provide additional services that may be of interest. We may use your personal information in the following ways:
    • 6.1.1 Ease of Use - To ensure that content from our Site is presented in the most effective manner for you and for your computer.
    • 6.1.2 Transactional Purposes - To carry out our obligations arising from any contracts entered into between you and us, to respond to your queries and requests, maintain your accounts and manage transactions, such as credit card payments for any products that you order from us, or for the fulfilment of such transactions.
    • 6.1.3 Communication - To notify you about changes to our service.
    • 6.1.4 Marketing Communications and Analysis - We may use your personal information to communicate with you about our products and services and for our own internal marketing analysis, for example, to assess trends amongst our consumers or to measure the amount of traffic to our Site.

7. USES MADE OF THE INFORMATION BY THIRD PARTIES

  • 7.1 We may also use your data, or permit selected third parties to use your data, to provide you with data about goods and services which may be of interest to you, and we or they may contact you about these by post or email.
  • 7.2 We will only contact you by email with information about goods and services similar to those which were the subject of a previous sale to you.
  • 7.3 Where we permit selected third parties to use your data, we (or they) will contact you be electronic means only if you have consented to this.
  • 7.4 If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box on registration, or within your account preferences.
  • 7.5 Please note that we will not, under any circumstances, sell your personal information to anyone else.
  • 7.6 Any information or statistics relating to our business that we disclose to others will not identify you personally. We may, for example, perform statistical analyses of users’ behaviour on our Site in order to measure interest in the various areas of our Site and to inform advertisers as to how many consumers have "clicked" on their advertising banners. This information, and any other general information about our users that we share with advertisers and other partners, will not contain personal information about you.

8. LINKS TO OTHER WEBSITES

This Policy only relates to this Site so that if you follow a link from this Site to another website, this Policy will not apply and you must refer to and read the privacy statement on that other website which you visit. Please note that we do not accept any responsibility or liability for the other website’s policies and you should please check them before you submit any personal data to these websites.

9. DISLOSURE OF YOUR INFORMATION

  • 9.1 We may disclose your personal information:
    • 9.1.1 To third parties to whom you have provided your consent in order that they will be able to prepare or send any communications to you, or to assist us in connection with any of our administrative or business functions, (including, but not limited to warehousing and delivery, marketing and advertising and credit card and data processing) or in the provision of any of our products to you
    • 9.1.2 In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer.
    • 9.1.3 If Elvira Vintage LLP, or substantially all of its assets, are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
    • 9.1.4 I we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms of Use and other agreements; or to protect the rights, property, or safety of Elvira Vintage LLP, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

10. SOCIAL NETWORKING AND OUR SITE

  • 10.1 Information that you post via social networking (including but not limited to Facebook and Twitter) is generally accessible to, and may be collected by, others and may result in unwelcome communications. For your own safety and security you should not provide information about yourself via social networking.
  • 10.2 If you disclose any information via social networking, we do not accept any responsibility or liability for any breach of privacy, loss, damage, effect on your reputation or otherwise whatsoever.

11. YOUR RIGHTS

  • 11.1 You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you, before collecting your data, if we intend to use your data for such purposes or if we intend to disclose your data to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at Elvira Vintage LLP, 10 Upper Berkeley Street, London, W1H 7PE or info@elviravintage.co.uk.
  • 11.2 Our Site may, from time to time, contain links to and from the websites of our advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

12 ACCESS TO INFORMATION

  • 12.1 The Acts give you the right to access information we hold about you. Any access request will be subject to a fee of £10 to meet our costs in providing you with such information. If you would like a copy of this information, please write to us at the address below.

13 CONTACT

  • 13.1 Questions, comments and requests regarding this Policy are welcomed and should be addressed to Elvira Vintage LLP, 10 Upper Berkeley Street, London, W1H 7PE or info@elviravintage.co.uk.



TERMS OF USE

Terms and Conditions for Visitors

This website elviravintage.com ("the Site") is owned and operated by ELVIRA VINTAGE LLP ("us", "our" or "we").

Elvira Vintage LLP is a limited liability partnership incorporated in England and Wales with Registered Number OC376791 and whose Registered Office is at 10 Upper Berkeley Street, London, W1H 7PE.

We are not registered for VAT.

This document is only available in English.

The following constitutes a legal agreement between a visitor ("you") and us with respect to our website service, the terms of which are set out below. You must be at least 18 years of age to agree to and enter into this Agreement on your own behalf and to register for use of this Site. If you are under 18 but at least 15 years of age, you must present this Agreement to your parent or legal guardian, and he or she must check the box below to enter into this Agreement on your behalf. Children under the age of 15 may not register on this Site, and parents or legal guardians may not register on their behalf.

When registering on our Site or purchasing a product, by checking the box indicating your acceptance of this Agreement, you represent that (i) you have read, understood and agree to be bound by this Agreement and (ii) you are at least 18 years old, either entering into this Agreement for yourself or entering into it on behalf of your child or a child in your legal care. If you are a parent or guardian entering this Agreement for the benefit of your child, please be aware that you are fully responsible for his or her use of this Site, including all legal liability that he or she may incur. Each registration is for a single user only. We do not permit you to share your user name with any other person nor with multiple users on a network. If you do not agree to (or cannot comply with) any of these terms and conditions, do not check the acceptance box when registering on our Site or purchasing a Product and do not continue to or attempt to access the Site.

Our Site is established to enable you to chose and purchase products from our Site ("Products) that we offer for sale online.

1. ACCESSING OUR SITE

  • 1.1 Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice (see below). We will not be liable if for any reason our Site is unavailable at any time or for any period.
  • 1.2 From time to time, we may restrict access to some parts of our Site, or to our entire Site, to users who have registered with us.

2. TERMS AND CONDITIONS FOR PURCHASE OF PRODUCTS

  • 2.1 Our website service permits you to purchase from this Site the Products we have for sale. These purchases can be made and are permitted strictly pursuant to our Terms of Business for Personal Customers.
  • 2.2 Your order constitutes an offer to us to buy a Product. After placing an order, you will receive an email from us. This email is an Order Confirmation to notify you of the fact we have received and accepted your order.
  • 2.3 If you notice an error in the Order Confirmation you must notify us immediately by email at info@elviravintage.co.uk.
  • 2.4 Your purchase order cannot be accepted until payment in full for the Products ordered has been received by us and we have sent you the Order Confirmation. At that time a legally binding agreement on the terms set out in this Agreement will become effective.

3. PRICE AND PAYMENT

  • 3.1 The price of any Products will be as quoted on our Site from time to time, except in cases of obvious error.
  • 3.2 Prices exclude delivery costs and packaging charges.
  • 3.3 The cost of delivery will vary upon the weight of the Products, the packaging required and the delivery address.
  • 3.4 Our Site contains a number of Products and it is always possible that, despite our best efforts, that some of the Products listed may be incorrectly priced or already sold. We will normally verify prices and availability as part of our Order Confirmation procedures so that, where a Product's correct price is less than our stated price, we will refund the difference. If a Product's correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection and the reason for it.
  • 3.5 We are under no obligation to provide the Product to you at an incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
  • 3.6 Payment for all Products must be by credit or debit card [or PayPal]. Cards accepted by us are listed on our Website on the date when your order is placed.
  • 3.7 All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or for any reason does not authorise payment to us, whether in advance of or subsequent to a payment, we will not be liable for any delay or non-delivery of the Products ordered.

4. AVAILABILITY AND DELIVERY

  • 4.1 Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Order Confirmation, unless there are exceptional circumstances.
  • 4.2 The Products ordered by you can only be delivered to the delivery address provided by you when placing your order and upon which our Order Confirmation is based. We do not deliver to PO Box addresses.
  • 4.3 If we cannot deliver your order within the period specified in our Order Confirmation then we will contact you and you may choose to cancel your order, and in those circumstances we will provide you with a full refund.
  • 4.4 When we deliver the Products to you we will always require a signature confirming that all Products covered by the specific Order Confirmation have been delivered.

5. RISK AND TITLE

  • 5.1 The Products will be at your risk from the time we deliver the Products to you.
  • 5.2 Ownership of the Products will only pass to you when we receive full payment of all sums due for them, including delivery charges.

6. RETURNS POLICY

  • 6.1 You must clearly state your delivery address in all communications with us and we will not be responsible for any refund, or damage or loss suffered by you if you have not communicated your full and correct details to us.
  • 6.2 We do hope that you will be pleased with your purchase. However, if upon delivery of the Products you find that they are not those ordered by you or that a Product is in a damaged condition when you receive it, please notify us immediately by email at info@elviravintage.co.uk. If a Product is not as on the Order Confirmation we will give you instructions as to its return to us and, when received, we will give you a credit note or process a refund, as requested by you, of the purchase price and our delivery charge for sending the item to you.
  • 6.3 In the case of alleged damaged Products you must retain the damaged Products and all of its packaging for inspection by us, and when you get in touch with us we will give you instructions as to their return for such inspection. We will process any refund which we agree is due to you as soon as possible, and in any case within 30 days after we confirm to you via e-mail that you are entitled to a refund for the defective Product. The purchase price of Products returned by you because of a defect will be refunded in full, and we will also refund our delivery charges for sending the item to you and for your charges in returning them to us.
  • 6.4 We will have no liability to you for any indirect loss you may suffer as a result of not being able to use the Products you have ordered.
  • 6.5 You may choose to return a Product within 7 days of receiving it for any reason provided that: -
    • 6.5.1 the Product has not been worn and is free from any new defects or odours; and
    • 6.5.2 the Product is returned with its original tags attached and is returned in its original packaging ; and
    • 6.5.3 the Product is not pierced earrings, an intimate garment, hosiery or swimwear as we cannot accept the return of these Products for reasons of hygiene.
  • 6.6 Any Product which has had its Tags removed and then reattached will be regarded as worn and therefore will not be accepted.
  • 6.7 If the provisions of clause 11.5 apply then you must return the Products to us within 7 days from the day after the date of delivery. You are responsible for the cost of returning the Products to us. Once the Products have been returned to us and we have had an opportunity to inspect them to check that they remain in a resaleable condition then we will process the refund of the purchase price to you plus a refund of our delivery charges for sending the items to you as soon as possible and in any case within 14 days of us receiving the Product. You have a legal obligation to take reasonable care of the Products whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
  • 6.8 In all cases we will only make a refund to the original credit card or debit card [or PayPal account] used by you to make the online purchase. Legal ownership of the goods will immediately revert to us upon refunding any such payment to you.
  • 6.9 In all cases where a Product is returned by you to us we recommend that you should take steps to effect insurance for the return delivery of Products to us as we do not accept responsibility for returned Products which have been lost in the post or by a courier service.
  • 6.10 The provisions of this clause do not affect your statutory rights.

7. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

  • 7.1 We have the right to revise and amend these Terms and Conditions from time to time, for example, to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
  • 7.2 You will be subject to the policies and Terms and Conditions in force at the time that you order Products from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the invoice (in which case we have the right to assume that you have accepted the change to the Terms and Conditions).

8. YOUR AGREEMENTS

YOU AGREE that:-

  • 8.1 it is your responsibility to provide accurate personal information ("Personal Data") and to update your Personal Data as necessary to keep it accurate. You undertake that all the details you provide to us for the purpose of selling and delivering Products to you are correct and that the credit card or debit card [or Paypal account ]that you propose to use is your own or that of a third party who has given you full permission and authority to use it and that you or such third party have sufficient funds to meet the costs of Products ordered. We will not store your credit card or debit card details anywhere on the Site;
  • 8.2 it is your responsibility to ensure that your email address is current otherwise certain functions of the Site will not be available to you. We will only use your Personal Data in accordance with the Data Protection Act 1998, The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 and our Privacy and Cookies Policy;
  • 8.3 it is your responsibility to maintain the confidentiality and security of your Personal Data especially your user name. You will not allow others to use your user name and you will notify us immediately of any unauthorised use of your user name. We shall not be responsible for any losses arising out of the unauthorised use of your user name and you agree to indemnify and hold us harmless, for any improper, unauthorised or illegal uses of the same.
  • 8.4 we shall be entitled to withdraw from any purchase order made by you if the Product is inaccurately described on the Site or where obvious errors have been made;
  • 8.5 whilst we will utilise anti-virus protections, it is your obligation to ensure that any use you make of our Site is free of any virus, Trojan horse, worm or any other items of a destructive nature. You will not hold us responsible for any damages that result from you accessing the Site (including any software or systems you use to access the Site).
  • 8.6 you will not attempt or permit or encourage others to attempt to copy or make use of any intellectual property appearing on our Site for any commercial use or in any manner which would constitute an infringement of our copyright.
  • 8.7 variation in computer, browser and operation will create differences in visual layout and usability of the Site. We have given due care and attention to minimising these differences, but cannot be held responsible for specific operational differences.

9. SYSTEM REQUIREMENTS

The computer, internet access and system operated by you and your ability to use the same may affect your ability to purchase any Products from our Site. You acknowledge and agree that any system requirements necessary to preview, and /or view and/or purchase any Products from our Site are your responsibility.

10. MISUSE OF THE SITE

  • 10.1 We reserve the right to suspend or terminate your access to the Site or parts of it if at our sole discretion we believe you are in breach of any provision of this Agreement. If your access has been suspended or terminated you will not be permitted [to re-register or] to re-access the Site without our prior consent.
  • 10.2 You will only use the Site for the purposes referred to in this Agreement and not access the Site or use information gathered from it to send unsolicited emails.

11. INDEMNITY

You agree to indemnify and hold harmless us, our directors, employees and consultants from and against any and all claims, losses, demands, causes of action and judgments (including solicitors' or attorneys' fees and court costs) arising from or concerning any breach by you of this Agreement and/or these Terms and Conditions for your use of the Site and you agree to reimburse us on demand for any losses, costs or expenses we incur as a result thereof.

12. ASSIGNMENT

  • 12.1 You may not transfer or otherwise deal with your rights and/or obligations under these Terms and Conditions.
  • 12.2 We may sub-contract, transfer or otherwise deal with our rights and/or obligations under these Terms and Conditions in whole or in part.

13. GENERAL

  • 13.1 We may require you to change your user name or any other information which permits you access to purchase Products from the Site.
  • 13.2 We have the right to withdraw any Product from the Site for any reason without notice to you and you agree that we will not be responsible for any loss, damage or cost as a result of such unavailability.
  • 13.3 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
  • 13.4 We will not be liable for errors or omissions on the Site nor for loss or damage suffered by you as a result of any unavailability of the Site or by any use by you or reliance placed on the Site or its contents including any damage caused to your computer or otherwise howsoever, or any direct, indirect or consequential loss or loss of data.
  • 13.5 We shall not be liable to you for the failure of any equipment, data processing system or transmission link and will not be liable to you as a result of any down-time which may occur upon the Site.
  • 13.6 The Site is provided "as is" and you acknowledge that despite our reasonable endeavours the Site may contain bugs, errors and other problems (including, but not by way of limitation) infection by viruses (despite anti-virus protections which may be incorporated) or anything else which may cause contamination or destruction of any sort that may cause system failures. Notwithstanding, we will use all reasonable endeavours to correct any errors and omissions as quickly as practicable after being notified by email at info@elviravintage.co.uk.
  • 13.7 We shall not be responsible to you for damages or otherwise in respect of any error made to any listing of or reference to Products.
  • 13.8 We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently the Site (or any part thereof) without notice to you and without any liability to you or to any third party.
  • 13.9 We reserve the right to deactivate your account if it has not been active for a period of 12 months or more, and to remove it from the database if no communication has been received from you for a further 3 months after deactivation has occurred.
  • 13.10 Links to third party websites on the Site are provided solely for your convenience. If you use these links, you leave the Site. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk.
  • 13.11 We welcome 'hot links' to the Site, but not 'deep linking' by which we mean that you may not include a link to our Site, or display the contents of our Site, surrounded or framed or otherwise surrounded by content not originating from us without our consent. Any unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress and may result in the termination of this Agreement or other remedies as set out in this Agreement.
  • 13.12 It is the responsibility of advertisers and sponsors on this Site to ensure that any content submitted by them for inclusion on the Site complies with applicable laws and regulations and we shall not be responsible for or liable to any extent for any error or inaccuracy which may appear in such content.

14. INTELLECTUAL PROPERTY RIGHTS

  • 14.1 All intellectual property content on the Site including, without limitation trademarks, button icons, logos, graphics and images is owned by us and is protected by International Copyright laws. Your use of them is governed by this Agreement, certain end-user licence agreements, and applicable law.
  • 14.2 You will infringe our rights if you copy or reproduce any part of the Site save for:
    • 14.2.1 a temporary copy of any part of the Site which is automatically made or retained by your browser as you browse the Site; or
    • 14.2.2 you printing out any pages from the Site as a record of any Products you have purchased from it; or
    • 14.2.3 you printing out a copy of the Terms and Conditions which we would request you to do; or
    • 14.2.4 your own personal use provided that:
      • 14.2.4.1 no documents or related graphics on the Site are modified in any way;
      • 14.2.4.2 no graphics on the Site are used separately from the corresponding text; and
      • 14.2.4.3 the Company's copyright and trade mark notices and this permission notice appear in all copies.
  • Other than for the above four exceptions you must not copy the intellectual property in question for any purpose.
  • 14.3 For the purposes of this Clause 14 "copy" and "copying" shall include non-literal copying as well as the copying of the structure and form of the Site and any elements within it.

15. DISCLAIMERS

  • 15.1 To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set out in this Agreement is prohibited by any law which is applicable, then, instead of the provisions hereof in such particular circumstance, we shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law and in no event shall such damages or liability exceed ten pounds (£10).
  • Concerning the Site:
  • 15.2 You understand and agree that your use of the Site is at your own sole risk. The Site is provided "as is" and without warranty by us, and, to the maximum extent allowed by applicable law, we expressly disclaim all warranties, express or implied including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, and any warranty of non-infringement. We do not warrant, guarantee, or make any representations regarding the use or the results of the use of the Site with respect to performance, accuracy, reliability, security capability or otherwise. You will not hold us responsible for any damages that result from you accessing (including any software or systems you use to access) the website service or using the Site including, but not limited to, infection by virus, damage to any computer, software or systems or portable devices you use to access the same. No oral or written information or advice given by any person shall create a warranty or a representation from us.
  • 15.3 We make no warranty that any particular device or software you use will be compatible with this Site. It is your sole responsibility to ensure that your system(s) will function correctly with this Site.
  • 15.4 Under no circumstances shall we be liable for any unauthorised use of the Site or the Products.
  • 15.5 Under no circumstances shall we be liable to you for any direct, indirect, consequential, incidental or special damages arising out of your use of or inability to use the Site, even if we have been advised of the possibility of such damages.
  • Concerning the Products:
  • 15.6 Our Products, except where expressly stated, are vintage, meaning that the Product has been pre-owned and usually worn. Please take into consideration that our Products may therefore have slight imperfections due to their age and previous wear. Where Products have an imperfection this will be stated in the description of the item on the Site.

16. THIRD PARTY RIGHTS

This Agreement is only for the benefit of you and us and no other person can claim a benefit from this Agreement by virtue of the Contracts (Rights of Third Parties) Act 1999 which Act shall not apply to this Agreement.

17. LAW AND LEGAL NOTICES

This Agreement and any other terms or documents referred to herein represent your entire agreement with us with respect to your use of this Site. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with the applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. English Law governs this Agreement and your use of the Site, and you expressly agree that the English courts shall have exclusive jurisdiction over any claim or dispute between us or relating in any way to your account or your use of this Site.

18. ACKNOWLEDGEMENTS

You acknowledge that we may change the terms of this Agreement by posting a new Agreement on the Site. You acknowledge that it is your responsibility to check the Site regularly to ascertain if changes have been made and your continued use of the Site after such a change will constitute your acceptance of the changes. By reading this Agreement together with our Privacy and Cookies Policy and continuing to use this Site you acknowledge that you have read, understood and agree to be bound by the Terms and Conditions of this Agreement and by our Privacy and Cookies Policy both of which are available from every page of our website elviravintage.com.