Website Terms

July 2012

The Terms govern your Use of the Website and the sale and purchase of Products. Please read the Terms and ensure that you have understood them. If you do not agree to the Terms, please cease Use of the Website immediately. The Website is owned and managed by Dancing Leopard Ltd., who can be contacted at customerservice@dancingleopard.co.uk.

  1. Definitions

    1. "Associated Websites" means websites other than the Website owned and/or operated by Boutique

    2. "Boutique" (or "we", "us" or "our") means Dancing Leopard Ltd. a company registered in England and Wales under Dancing Leopard, Hope House, 141 Pleck Road, Walsall, WS29ES, United Kingdom

    3. "Functions" means the functions, facilities and/or services we may make available to Users on or through the Website from time to time including without limitation the facility to buy Products

    4. "Product" means a item available for sale on the Website and “Products” means more than one Product

    5. "Submission" means any text, image(s), content or other material that a User uploads, transmits or submits through the Website for the purposes of Using the Functions or any other purpose

    6. "SilkFred" means SilkFred Limited a company registered in England and Wales under company number 7557982 who is the proprietary owner of the technology and e-commerce system on which the Website is operated

    7. "Terms" means these terms of use

    8. "Use" (and "Uses" and "Using") means any access to, or use of, the Website, making a Submission and/or using the Functions

    9. “Website” means the website hosted at www.dancingleopard.co.uk

    10. "You" and "Your" means you or the relevant User of the Website

  2. General

    1. Your Use of the Website is subject to the Terms.

    2. By Using the Website, you agree to be legally bound by the Terms (including the Privacy Policy), which shall take effect immediately on your first Use of the Website and each subsequent occasion you Use the Website. If you do not agree to be legally bound by the Terms please do not Use the Website.

    3. We may change the Terms at any time by posting changes on the Website. Please review the Terms regularly by referring to the date at the top, to ensure you are aware of any changes made by us. Your continued Use of the Website after changes are posted means you agree to be legally bound by the Terms as updated and/or amended.

  3. Use of the Website

    1. You must be 18 years old or over to Use the Website.

    2. You may Use the Website solely for viewing and buying Products.

    3. You are permitted to create one account.

    4. You must not provide false information in any Submission and we reserve the right to terminate the Terms if we has reason to suspect that you have.

    5. You agree not to copy, imitate or replicate, in whole or in part, the Website or the Functions.

    6. You are responsible for providing and paying for the means of Using the Website.

    7. The information contained on the Website, including without limitation, artwork, text, video, audio, pictures, software and other intellectual property ("Materials") are protected by copyright and may not be copied, reproduced, republished, downloaded, posted, modified, broadcast, publicly displayed or transmitted in any way except for your own personal non-commercial use or on the Website. Any other use requires the prior written permission of Boutique and SilkFred. You agree not to adapt, alter or create a derivative work from any of the Materials. You further acknowledge and agree not to use the Materials for any other purpose other than for your personal non-commercial use.

    8. The names, images and logos identifying Boutique or the Website or third parties and their products and services may be subject to copyright, design rights and trade marks of Boutique and/or third parties. Nothing contained in the Terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right, copyright or any other intellectual property or other right of Boutique, or any other third party.

  4. Submissions and Use

    1. You agree to Use the Website on the basis that you shall not:

      1. restrict or inhibit any other User from enjoying or Using the Website;

      2. make any Submission which violates or infringes the rights of others;

      3. misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other technologically harmful material or run any automated script on the Website;

      4. do something that is intended to dissuade Users from using the Website for any direct or indirect commercial purpose;

      5. include any links to the Website that are not fair and legal and/or which suggest any form of association, approval and/or endorsement by Boutique of the website on which the link is included and Boutique can withdraw the linking permission contained in this section 4.1.5 at any time for any reason;

      6. attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server connected to the Website and must not attack the Website via a denial of service attack or distributed denial of service attack (breach of this section 4.1.6 constitutes a criminal offence under the Computer Misuse Act 1990 and Boutique and/or SilkFred may report any such breach to the relevant law enforcement authority and co-operate with such authority by disclosing your identity to such authority).

    2. Boutique reserves the right at all times to disclose any Submission as necessary to satisfy any law, regulation or governmental request or to whom Boutique believes it is under a duty to disclose.

    3. If you engage in any objectionable and/or disruptive behaviour on or through the Website, and Boutique considers such behaviour to be serious and/or repeated, Boutique may use whatever information that is available to it about you to stop any further such infringements. This may include informing relevant third parties such as your employer or email provider about the infringement(s).

    4. Boutique and/or SilkFred reserve the right in their sole discretion to take action against any person that Uses the Website, at any time, for any reason.

  5. Functions

    1. We may make available on or through the Website various Functions from time to time. We reserve the right to update, amend, change or withdraw the Functions and/or to introduce new Functions at any time without prior notice.

    2. From time to time we may require payment or other consideration for Use of some or all of the Functions as indicated on the Website.

  6. Buying Products on the Website

    1. In order to make a purchase and contract with us you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.

    2. When you place an order, you will receive an acknowledgement email confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by email that the Products which you ordered have been dispatched to you. Only those Products listed in the confirmation email sent at the time of dispatch will be included in the contract formed. We retain the right to refuse any order made by you.

    3. We do not deliver to every non-UK address. Please see details on check out.

  7. Pricing and Availability

    1. Whilst we try and ensure that all details, descriptions and prices which appear on the Website are accurate, errors may occur. If we discover an error in the price of any products which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the Products, you will receive a full refund. Where applicable, prices are inclusive of VAT at the prevailing rate.

    2. Delivery costs will be charged when you place an order. Delivery costs are displayed where applicable and included in the total price you pay.

    3. All orders are subject to availability. All prices advertised are subject to change.

  8. Delivery, shipping and returns

    1. Dispatch times may vary according to availability and no guarantees or representations are made as to delivery times. Our expected dispatch times will be notified to you at check out. After the order confirmation email has been sent, it is not be possible to change delivery details and there will be no refund of delivery charges due incorrect delivery details provided to us by you.

    2. You can request to return a new, unworn Product that is still in all the original packaging by going to the Website. You may make a request to return such Product within 7 days of receipt of the Product for any reason at all.

    3. A request to return a new, unworn Product that is still in all the original packaging may be made between 1 and 14 days of receipt of the Product if such Product is faulty. Please refer to the Website for full details.

  9. Termination

    1. You may at any time cease to be a User of the Website and terminate these Terms by going to the Website and choosing the relevant option.

    2. We may provide you with notice at any time by email to the email address provided by you that we wish to terminate the Terms and prevent any further Use by you and remove or suspend any of your account.

    3. If we consider in our absolute discretion that you are in breach of any of the provisions of the Terms, we reserve the right to prevent your continued Use of the Website without notice and to take (or refrain from taking) all other steps as we consider appropriate in relation to your Use of the Website. In such circumstances you agree not to create an account under another name or identity.

  10. Disclaimer, limitations of liability, indemnity

    1. The Website and the Materials, information, names, images, pictures, logos and icons regarding or relating to Boutique and its Functions are provided on an “as is” basis with no representation or warranty of any kind express or implied statutory or otherwise regarding the same or the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs or that it represents the full functionality, accuracy, reliability of the Website.

    2. Boutique accepts no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the Website unless due to our negligence. All facts, views and information on the Website are for information purposes only and should not be construed as advice, nor relied on by Users to make decisions.

    3. Boutique shall use reasonable commercial endeavours to maintain the Website but reserves the right from time to time to suspend the Website for upgrades or work to the Website or any other purpose that it deems reasonably necessary. There may be errors on the Website and from time to time it may not be available.

    4. Under no circumstances will Boutique or SilkFred be liable for any of the following losses or damage (whether such losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from your Use of the Website regardless of the form of action.

    5. You agree to defend, indemnify and hold Boutique and SilkFred harmless from any claim, suit or demand, including reasonable legal fees, made by a third party due to or arising out of your Use of the Website, the Materials or related services, your breach of the Terms, your interference with any rights of a third party, or any other act or omission by you.

    6. If the Website provides links to third party websites, including without limitation blogs or social media pages, and you use those links, you will leave the Website. We do not control and are not responsible for any of these other websites (save for Associated Websites) or their content. We do not endorse or make any representations about them, or any information or products or materials you may find there. If you decide to access any website linked to the Website, you do so entirely at your own risk.

    7. Nothing in the Terms and in particular this clause 12, seeks to disclaim or limit liability for death or personal injury that is caused by our negligence or that is otherwise not permissible under any applicable law.

  11. Warranties

    You hereby warrant that:

    1. you have the right, authority and capacity to enter into the Terms and be bound by them;

    2. you will comply with all local laws that relate to your Use of the Website;

    3. you are solely responsible for your Use of the Website.

    4. use, exploitation and/or display of any Submission(s) by us on the Website does not infringe the statutory or common law rights of any third party.

  12. International use

    We make no representation that any of the Materials or any other materials on the Website or the Functions are appropriate or available for use in locations outside the United Kingdom, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Website from locations outside the United Kingdom do so at their own risk and are responsible for compliance with local laws.

  13. Entire agreement

    The Terms and the Privacy Policy set out the entire understanding and agreement of the parties as to the subject matter hereof and supersede all prior proposals, discussions or agreements with respect thereto.

  14. Miscellaneous

    1. If there is any conflict between the Terms and specific terms appearing elsewhere on the Website then the Terms shall prevail.

    2. If any of the Terms are determined to be illegal, invalid or otherwise unenforceable under UK law, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.

    3. The Terms shall be governed by and interpreted in accordance with the laws of England and Wales whose courts shall have exclusive jurisdiction in relation to any disputes arising under the Terms.

    4. Boutique reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under the Terms to any third party. You may not assign, novate or sub-contract any of your rights or obligations under the Terms to any third party unless agreed in writing by Boutique.

    5. Boutique reserves the right, at all times, to transfer and/or license, without prior notice, right, liability and/or operation of User's account on the Website to another legal entity.

    6. Save in respect of SilkFred who shall have full rights under the Contracts (Rights of Third Parties) Act 1999, no provision of the Terms shall be enforceable by a third party under the Contracts (Rights of Third Parties) Act 1999.

    7. Delay in exercising, or a failure to exercise, any right or remedy in connection with the Terms shall not operate as a waiver of that right or remedy. A single or partial exercise of any right or remedy shall not preclude any other or further exercise of that right or remedy, or the exercise of any other right or remedy. A waiver of a breach of the Terms shall not constitute a waiver of any subsequent breach.