Last updated: 27th December, 2009
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
Termination of Access
Intellectual Property Rights; User Content
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.
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”.
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.
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.
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.
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
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.
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
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.
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
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.
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.
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.
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.
Delay in Enforcement
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.