Terms and Conditions


Last updated: 27th December, 2009

TERMS OF USE

Welcome to Chezonelle.com, a website owned and operated by Chezonelle. These Terms of Use govern your use of the Chezonelle.com website. By visiting or shopping at the Chezonelle.com website, you agree to be bound by these Terms of Use, as well as the other policies posted on the Chezonelle.com website.

By showing the products on the Chezonelle.com website, Chezonelle is making an offer only to those who are legally capable of accepting, and do accept, such offer ("the Offer ") to sell those product(s) on the terms and conditions set out below. If you place an order for products shown on the Chezonelle.com website, your order will be deemed an acceptance of the Offer pursuant to these Terms of Use.

In these Terms of Use, we refer to Chezonelle as "Chezonelle.com" and the Chezonelle.com website as the "Site"

Use of the Site

License and Site Access

Chezonelle.com grants you a limited, non-exclusive, revocable license to access and make non-commercial use of the Site and not to download (other than page caching) or modify the Site, or any portion of the Site, except with express written consent of Chezonelle.com. Chezonelle.com also grants you a limited, non-exclusive, revocable right to create and display a hyperlink to the home page of Chezonelle.com so long as the link does not portray Chezonelle.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.

Prohibited Uses of the Site

The licenses set forth in these Terms of Use do not include any rights to:

  • interfere or attempt to interfere with the proper operation of the Site;
  • bypass any measures used to prevent or restrict access to any portion of the Site;
  • use any robot, spider, data-miner, scraper or other automated means to access the Site or its systems for any purpose or to copy, probe, test or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, or to obtain or
  • attempt to obtain any materials, documents or information through any means not purposely made available through the Site;
  • take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site;
  • compile, repackage, disseminate or otherwise use data available on or extracted from the Site, including product information and prices;
  • reproduce, record, retransmit, sell, rent, distribute, publish, post, or perform any of the content of the Site;
  • modify, download (other than page caching), reproduce, copy, or resell the Site, the content or any portion or derivative thereof;
  • copy or download any the account information of any user of the Site for the benefit of any other person or entity;
  • frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Chezonelle.com;
  • use Chezonelle.com’s name, trademarks, service marks or logos in any meta tags or any other “hidden text”; or
  • use Chezonelle.com’s logo or other proprietary graphic or trademark as part of a link without express written permission.
  • Each of the foregoing is expressly prohibited unless Chezonelle.com ’s prior express written consent has been given. Any unauthorized use of the Site or any portion or derivative thereof shall terminate any license or permission granted by Chezonelle.com.

Termination of Access

You agree that Chezonelle.com may, in its sole discretion and without prior notice to you, terminate or suspend your access to all or any part of the Site and your “My Account” without notice, for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others’ attempting to do so, (2) attempting to overcome software security features limiting use of or protecting any content available on the Site, (3) discontinuance or material modification of the Site or any service available on or through the Site, (4) violations of these Terms of Use or applicable law, (5) failure to pay for purchases, (6) suspected or actual copyright or trademark infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. YOU AGREE THAT CHEZONELLE.COM WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR TERMINATION OF YOUR ACCESS TO THE SITE.

Intellectual Property Rights; User Content

Copyright

All content included on the Site, including text, graphics, logos, user interfaces, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Chezonelle.com or its suppliers, licensors or content suppliers and is protected by applicable copyright laws. The design, selection, arrangement, coordination and compilation of all content on the Site are the exclusive property of Chezonelle.com and protected by applicable copyright laws. All software used on the Site is the property of Chezonelle.com or its software suppliers and protected by applicable copyright laws.

Trademarks

CHEZONELLE, CHEZONELLE.COM and CHEZONELLE.CO.UK are trademarks, registered trademarks, or service marks of Chezonelle.com or its affiliates or licensors. All rights are reserved. These and other trademarks, service marks, graphics, logos and trade dress of Chezonelle.com and its affiliates and its suppliers and licensors used on the Site may not be used without prior written consent of Chezonelle.com or its applicable affiliate, supplier or licensor, as the case may be. Without limiting the foregoing, no Chezonelle.com trademark, service mark or trade dress may be used in connection with any product or service that is not Chezonelle.com’s, in any manner that is likely to cause confusion among users or customers, or in any manner that disparages or discredits Chezonelle.com.

Reviews and Other User Content

Where allowed on the Site, users may submit reviews, comments, and other content. If you choose to submit such content, you may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any such content. You agree that any submissions submitted by you to the Site will be accurate and will not violate these Terms or Conditions or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no submission submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.

Chezonelle.com has the right but not the obligation to monitor and edit or remove any activity or content. However, Chezonelle.com does not regularly review posted or submitted content, and is entitled to presume that all submitted content complies with these Terms of Use.

All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Chezonelle.com on or by the Site or otherwise disclosed, submitted or offered in connection with your use of the Site shall be and remain Chezonelle.com’s property. Such disclosure, submission or offer of any submissions shall constitute an assignment to Chezonelle.com of all worldwide right, title and interest in all copyrights and other intellectual properties therein. Chezonelle.com will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any submissions. Chezonelle.com will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any submissions for any purpose whatsoever, without restriction and without compensating you in any way. Chezonelle.com is and shall be under no obligation (1) to maintain any submissions in confidence; (2) to pay to you or any person or entity any compensation for any submissions; or (3) to respond to any submissions. In addition, you grant Chezonelle.com and its affiliates and licensees the right to use the name that you submit in connection with such submission, if Chezonelle.com or any affiliate or sublicensee so chooses.

Chezonelle.com takes no responsibility and assumes no liability for any content posted on the Site by users or other persons. Any opinions, advice, statements, services, offers or other information are those of the respective authors and not of Chezonelle.com. It is the responsibility of users to evaluate the accuracy, completeness or and usefulness of any opinions, advice or other information posted by customers or other persons on the Site. Chezonelle.com will not assume any liability for any damage resulting from any infringement of copyrights or proprietary rights in any content submitted by users or other persons, or from any other harm arising from any such content.

Payment for Products Purchased Through the Site

Methods of Payment

Chezonelle.com plans to offer a variety of payment methods on the Site for the convenience of customers. Please note that each of the payment methods discussed below may not be available at all times. You agree to pay all fees incurred in connection with your purchases at the rates in effect when the charges were incurred.

If you pay by credit/debit card, your card issuer agreement governs your use of your card, and you must refer to that agreement and not these Terms of Use to determine your rights and liabilities as a cardholder. YOU, AND NOT CHEZONELLE.COM, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Chezonelle.com of any discrepancies within thirty (30) days after they first appear on your credit/debit card statement, you agree that they will be deemed accepted by you in all respects and for all purposes. If Chezonelle.com does not receive payment from your credit/debit card issuer or its agent, you agree to pay all amounts due upon demand by Chezonelle.com or its agents.

If and when payment by PayPal® is available on the Site, the User Agreement for PayPal Service will govern your use of that service, and you must refer to that agreement and not these Terms of Use to determine your rights and liabilities as a PayPal member. YOU, AND NOT CHEZONELLE.COM, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR PAYPAL ACCOUNT BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Chezonelle.com of any discrepancies within thirty (30) days after you first receive notice thereof, you agree that they will be deemed accepted by you in all respects and for all purposes. If Chezonelle.com does not receive payment from your credit/debit card issuer or its agent, you agree to pay all amounts due upon demand by Chezonelle.com or its agents.

Unless expressly set forth on the Site, we do not accept any other payment form. If we offer or accept any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such additional form of payment.

Please refer to “Help and Contact – About Payment” for more information regarding Chezonelle.com’s policies and procedures relating to customer payments.

Taxes

You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. Chezonelle.com will automatically charge and withhold any applicable tax for orders to be delivered to any jurisdictions that it deems is required.

Currencies

All transactions conducted by or with Chezonelle.com, including sales of items shown on the Site, issuance of credit for returned merchandise, are made in British Pound Sterling.

Payment made by credit/debit card or PayPal® in a currency other than British Pound Sterling will be converted to British Pound Sterling at the exchange rate determined by your credit/debit card issuer or PayPal. Please consult your credit/debit card issuer agreement or the User Agreement for PayPal Service for information regarding the determination of exchange rates by them. These exchange rates may include a “spread,” or amount payable to PayPal or the credit/debit card issuer, which will result in the actual price paid being higher than the posted British Pound Sterling price.

NO REFUNDS WILL BE MADE TO CUSTOMERS RESULTING FROM CHANGES IN CURRENCY RATES.

Chezonelle.com does not provide cash refunds to customers. However, in the event that any such refund were to be made in the future to a customer who had previously paid in a currency other than British Pound Sterling and such refund was made through the customer’s credit/debit card or PayPal®, then the credit/debit card issuer or PayPal would determine the applicable exchange rate at such time as provided above.

In no event will Chezonelle.com be liable for fees or charges payable in connection with currency exchange or for any losses incurred as a result of fluctuations in currency exchange rates.

Product Descriptions and Prices

Product Descriptions

Products shown on the Site may contain descriptions that are provided directly by the publisher, manufacturer or distributor of such products. Chezonelle.com does not represent or warrant that the descriptions of any products shown on the Site are accurate or complete. IF A USER PURCHASES A PRODUCT FROM CHEZONELLE.COM THAT IS NOT AS DESCRIBED ON THE SITE, THE USER’S SOLE AND EXCLUSIVE REMEDY SHALL BE TO RETURN SUCH PRODUCT IN UNUSED CONDITION FOR CHEZONELLE.COM CREDIT IN THE AMOUNT OF THE PURCHASE PRICE.

We have made every effort to display the colours of products on the Site as accurately as possible. However, as the actual colours you see will depend on your monitor we cannot guarantee that your monitor’s display of any colour will be accurate.

Prices

We cannot confirm the price of a product until you order. It is possible that the price for a product may increase or decrease between the time that the product is placed in a shopping bag and the time the purchase is actually made. Also, despite our best efforts, a small number of the products on the Site may display incorrect prices. If the price for the product on the Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of Chezonelle.com, Chezonelle.com may either (a) contact you for instructions before shipping the product or charging you for such product, or (b) cancel the order for such product and notify you of such cancellation.

Chezonelle.com will have the right to cancel any orders for products that have been listed at an incorrect price, rebate or refund, or contain other incorrect information or typographical errors or are unavailable for any reason. Chezonelle.com will have this right regardless of whether the order has been confirmed or your credit/debit card has been charged. If your credit/debit card has already been charged for the purchase and your order is cancelled, Chezonelle.com will immediately issue a credit to your credit/debit card in the amount of the charge.

Order Processing, Delivery, Returns, Warranties

Order Acceptance

By displaying products on the Chezonelle.com website, Chezonelle.com is making an offer to sell such products only to those who are legally capable of accepting, and do accept, such offer. If you place an order for products shown on the Site, your order will be deemed an acceptance of our offer. We may confirm our receipt of your acceptance by sending a confirmation to the e-mail address that you provide.

Passage of Title

Title to products, and risk of loss of such products, passes to you upon delivery to the common carrier selected by us to deliver your order.
You are obligated to take delivery of any products you order notwithstanding that the quantity delivered may be less than the quantity ordered, provided that any amount charged to you shall be adjusted to reflect such lower quantity. Any such discrepancy in quantity shall not be deemed a material change of the terms of sale nor a breach or repudiation of our agreement to sell products to you.

Returns

Chezonelle.com accepts returns of most defective products, products damaged in shipping, and (in the case of clothing) products of incorrect sizes, in accordance with the terms and conditions posted from time to time at “Customer Service – Delivery and Returns.”

Replacement of returned products will be made in accordance with the Return and Refund Policy. Any refunds provided pursuant to the Return and Refund Policy will be made in the form of credit that may be applied to other purchases on the Site. In no event will cash refunds be made.

User Privacy; Data Security

Please review our Privacy Policy, which also governs your visit to the Site, to understand our practices with respect to usage and handling of user information.

While Chezonelle.com takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL CHEZONELLE.COM OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER CHEZONELLE.COM WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

Other Issues

Your Account

You are responsible for maintaining the confidentiality of your account and password for the Site, and agree to accept responsibility for all activities that occur under your account or password. You agree to notify Chezonelle.com immediately of any unauthorized use of your account or password, or any other breach of security. You may not use anyone else’s account or password at any time. You may not attempt to gain unauthorized access to the Site. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted in the registration process. You may update your “My Account” information by clicking on the “My Account” link on the Site.

Third-Party Links

The Site may contain links to other websites. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of the businesses or individuals operating these websites or the content of these websites. Chezonelle.com does not assume any responsibility or liability for the actions, products, or content of any of these websites. You should carefully review the privacy statements and other conditions of use set forth in such websites.

Age of Users

Chezonelle.com does not intend the Site to be viewed or used by individuals under the age of 18 (“minors”) without the supervision of a parent or guardian 18 years of age or older. Chezonelle.com relies upon parents or guardians to determine if any content or items available on the Site are appropriate for the viewing, access or purchase by minors. If a user is a minor, such minor may use the Site only under the supervision of parent or guardian.

Communications

You consent to receive communications from us by e-mail. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you in this manner satisfy any legal requirement that such communications be in writing.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SITE IS PROVIDED BY CHEZONELLE.COM ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. CHEZONELLE.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THE SITE. CHEZONELLE.COM DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM CHEZONELLE.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CHEZONELLE.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. WITHOUT LIMITATION TO THE FOREGOING, YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, CHEZONELLE.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE PRODUCTS SOLD BY IT OR AVAILABLE ON THE SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Applicable Law and Disputes

These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts and the English courts shall have jurisdiction to resolve any disputes. Your statutory rights are not affected by these terms and conditions.

Severability

If any of these terms or conditions shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining portion of the Terms of Use.

Delay in Enforcement

No delay or failure to take action under these Terms of Use shall constitute any waiver by Chezonelle.com of any provision of these Terms of Use.

Complete Agreement

These Terms of Use, together with any other policies posted on the Site from time to time, constitute the complete agreement between the parties and supersede all prior agreements or representations between them.

Indemnification

You agree to defend, indemnify and hold harmless Chezonelle.com and its affiliates from and against any and all claims, damages, costs and expenses, including solicitors’ fees, arising from or related to your use of the Site.

Modification to Terms of Use

Chezonelle.com reserves the right, at its sole discretion, to change, add or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you will be subject to the terms and conditions of these Terms of Use, which shall apply until we post a modified Terms of Use and then in accordance with such modified Terms of Use.