Terms & Conditions of Use
Website Terms & Conditions of Use
Welcome to our website. Bouf Online Limited and its Business Affiliates provide access to the website and sell products to you subject to the terms and conditions of use set out below. Please read these Terms carefully before using the website.
- About our Terms
- These Terms explain how you may use this website (the Site). References in these Terms to the Site includes the following websites: https://www.bouf.com/ and all associated web pages. You should read these Terms carefully before using the Site.
By accessing or using the Site or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them.
If you do not agree with or accept any of these Terms, you should stop using the Site immediately.
If you have any questions about the Site, please contact us by:
- E-mail to email@example.com (Monday to Friday: 9am to 5pm)
|Acceptable use policy||means the policy (see Acceptable Use Policy), which governs your permitted use of the Site;|
|Content||means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site;|
|Intellectual property rights||means rights such as copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world).|
|Online Consumer Supply Policy||means the terms and conditions (see Online Consumer Supply Policy), which will apply to you ordering goods using the Site;|
|Site||has the meaning given to it in clause 1;|
|Terms||means these terms and conditions of use as updated from time to time under clause 15;|
|Unwanted Submission||has the meaning given to it in clause 5.1;|
|We, us or our||means Bouf Online Limited company registration number 10696754, the registered office of which is at 71-75 Shelton Street, Covent Garden, London, England, WC2H 9JQ; and|
|You or your||means the person accessing or using the Site or its Content.|
- We are regulated by The Electronic Commerce (EC Directive) Regulations 2002, The Data Protection Act 1998, The Distance Selling Act (2000) and the ICO Cookie Law.
- Using the Site
- The Site is for your personal use only.
- You agree that you are solely responsible for:
- all costs and expenses you may incur in relation to your use of the Site;
- keeping your password and other account details confidential; and
- all activities that occur under your account or password.
- You must 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.
- The Site is intended for use only by those who can access it from within the UK. If you choose to access the Site from locations outside the UK, you are responsible for compliance with local laws where they are applicable.
- We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at firstname.lastname@example.org
- We reserve the right immediately to prevent or suspend your access to the Site, or terminate your use of our Site if you do not comply with, or we have reasonable grounds to believe that you are likely to breach, any part of these Terms, any terms or policies to which they refer or any applicable law or you otherwise engage in conduct which we determine in our sole discretion to be unacceptable.
- Ownership, use and intellectual property rights
- This Site and all Intellectual Property Rights in it including but not limited to any Content are owned by us, our licensors or both (as applicable). We and our licensors reserve all of our and their rights in any intellectual property in connection with these Terms. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.
- Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to access the Site, in the form of a limited and revocable licence to access and make personal use of our Site, but not to download (other than page caching) or modify it, or any portion of it, except with our express written consent.
- This limited and revocable licence does not include any rights in respect of any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
- You agree not to adjust, to try to circumvent, or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.
- You will not, and you will not assist or facilitate any third party to copy, reproduce, duplicate, transmit, distribute, frame, commercially exploit or create derivative works of such material or content. If you become aware of any such distribution or commercial exploitation, you agree to notify us immediately.
- You also agree not to create and/or publish your own database that features substantial parts of our Site (including but not limited to our prices and product listings) without our express written consent.
- Trademarks: “Bouf” is our Our Trademarks and trade dress (including but not limited to graphics, logos, page headers, button icons, scripts and service names) may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us, our Trademarks and/or our Site.
- All other trademarks not owned by us that appear on our Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. The use of any trademarks which appear on our Site is strictly prohibited unless you have the requisite prior written permission.
- You will not use any meta tags or any other “hidden text” utilizing our name or names or trademarks of our Business Affiliates without our express written consent. Any unauthorised use terminates the permission or licence to use this Site.
- You acknowledge that by posting materials on our Site you grant to us and our licensors an irrevocable, perpetual, royalty free, worldwide licence to use the materials both within the our Site and in any other manner. The licence extends to copying, distributing, broadcasting, and otherwise transmitting, and adapting and editing the materials.
- Both ourselves and our Business Affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us immediately providing details of the infringement.
- All software used on our Site is the property of us, our Business Affiliates or our software suppliers and is protected by protected by the relevant IP laws.
- Software may be made available for you to download in order to help the Site work better. You may only use such software if you agree to be bound by the terms and conditions that apply to such software (this is sometimes known as an ‘end user licence agreement’ or ‘EULA’). You will be made aware of any terms and conditions that apply to the software when you try to download it. If you do not accept such terms and conditions, you will not be allowed to download the software. You should read any terms and conditions carefully to protect your own interests (they may contain provisions that set out what your legal rights are under, eg, the Consumer Rights Act 2015, what your legal responsibilities are when using software, what the software provider’s legal responsibilities are, and provisions that limit a software provider’s legal responsibilities to you).
- All such software is solely for your personal use in a non-commercial manner.
- Using the software in an unlawful way (such as reproducing or redistributing it in a way that breaches these Terms and any others that apply to it) is expressly prohibited and may result in civil and criminal penalties.
- Submitting information to the Site
- Users of our Site may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, subject to compliance with our Acceptable use policy (see Acceptable Use Policy).
- You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. We reserve the right (but not the obligation) to remove or edit any content.
- While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (Unwanted Submissions). While we value your feedback, you agree not to submit any Unwanted Submissions.
- We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the Site to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.
- Accuracy of information and availability of the Site
- While we try to make sure that availability of the Site will be uninterrupted and that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk.
- Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
- While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site. We may suspend, restrict or terminate operation of the Site at any time as we see fit. This allows for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
- Hyperlinks and third-party sites
- Third Parties operate stores, provide services, or sell product lines on our Site.
- We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. We do not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. We make clear when a third-party is involved in your transactions, and we may share customer information related to those transactions with that third-party. You should carefully review their own privacy statements and other conditions of use.
- This Site may contain hyperlinks or references to third party websites, such as those of affiliated companies and certain other businesses, other than the Site.
- Any such hyperlinks or references are provided for your convenience only. We have not reviewed these third-party websites, we have no control over them, and we accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not mean that we endorse that third party’s website, products or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site, and access to it is entirely at your own risk.
- Limitation on our liability
- We accept liability for death and personal injury arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents.
- If we breach these policies or the Terms we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and us at the time of you placing your order, and such order being dispatched. We shall only be liable for the greater of:
- 100% of the fees we have received for our services as part of any transaction about to which you are making a claim; or
- We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).
- We are also not responsible for failure to meet any of our obligations under these Terms where such failure is due to events beyond our reasonable control.
- For the avoidance of doubt, material which is posted on any bulletin boards or chat forums is written by Users and we are neither responsible for nor do we endorse such material.
- No failure, delay, indulgence, act or omission by us in exercising any claim, remedy, right, power or privilege under these Terms shall operate as a waiver. A waiver by us of any breach shall not constitute a deemed waiver of any subsequent defaults. No waiver shall be effective unless expressly stated to be a waiver and provided to you in writing.
- If any term, condition or provision of these Terms is or becomes illegal, invalid or unenforceable but would be legal, valid and enforceable if the term, condition or provision or some part of the term, condition or provision was deleted or modified, the term, condition or provision or part of the term, condition or provision in question shall apply with such deletions and modifications as may be necessary to make it legal, valid and enforceable.
- Entire Agreement
- Events beyond our control
- We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
- Rights of third parties
- No one other than a party to these Terms has any right to enforce any of these Terms. This does not exclude our rights when acting as an agent of any seller.
- These Terms are dated 22nd August 2017. No changes to these Terms are valid or have any effect unless agreed by us in writing. We reserve the right to make changes to our Site, policies and/or these Terms from time to time. Our updated terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
- Feedback and Disputes
- Should you wish to make any general comments to us about our Site or if you have any questions relating to the same please contact us by email to email@example.com
- If you have a complaint about a specific seller and/ or one of our Business Affiliates, or the goods or services provided, this should be submitted to the seller or Business Affiliates using the contacted details provided in your confirmation email.
- We, together with our sellers and/or Business Affiliates will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, our sellers or our Business Affiliates please contact us as soon as possible.
- If you and we cannot resolve a dispute using our complaint handling procedure, we will:
- let you know that we cannot settle the dispute with you; and
- ask that you contact the online dispute resolution body for the EU (http://ec.europa.eu/odr); and
- give you certain information about our alternative dispute resolution provider.
- These Terms are governed by English law and subject to the exclusive jurisdiction of the courts of the relevant courts of the United Kingdom.