Terms and Conditions
Welcome to www.thedelamode.com (the “Website”). By accessing the website you agree to the following terms and conditions (the “Terms”). Should you not agree to any of them, you may not use this website, and leave immediately. We reserve the right, in our sole discretion, to update or revise these Terms. The continued use of this Website and any changes that may occur in future to its Terms, constitute acceptance of those changes.
De La Mode (Fashion) Ltd ( also “DeLaMode”, “DLM”, “we”, “our”, and/or “us”) is the legal owner of the Website, a company registered in the United Kingdom, Company Registration No: 10548470, registered Office Address: 20-22 Wenlock Road, London, N1 7GU, United Kingdom.
1. Use of the Website
Once you complete and submit your registration, you have opted in to receive email communication from us. You may not use the Website for any purpose that is unlawful or prohibited by these Terms of use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Website or others. Notwithstanding any other rights or restrictions in its Terms of use, you may not use this Website to: (a) transmit via or through the Website any information, data, text, images, files, links, or software except in connection with your authorised use of this Website or otherwise in response to specific requests for information by us; (b) introduce to the Site or any other computer or web site viruses, worms, Trojan horses and/or harmful code; (c) obtain unauthorised access to any computer system; (d) impersonate any other person, including but not limited to, a registered user of this Website or an employee of DLM; (e) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (f) misrepresent the identity of a user or use a false e-mail address; (g) tamper with or obtain access to this Website or any component of this Website; (h) conduct fraudulent activities; or (i) collect or harvest information regarding other users of the Website for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail(s).
You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorised use of your account or other breach of security.
2. Accuracy of Content; Limitations on Quantity
The information on this Website is believed to be complete and reliable; however, the information may contain typographical errors, pricing errors, and other errors or inaccuracies. Errors will be corrected as soon as practicable. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies or omission; and (iii) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped or received). We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend or terminate an event, promotion at any time without notice. The inclusion of any products or services on this Website at a particular time does not guarantee that the products or services will be available.
3. Purchases
When you place an order for a product from the Website, you are offering to buy it for the price stated, subject to these Terms.
Once you have placed your order, we will send you an email acknowledging the exact details of your order, providing you with an order reference and the total value of your order. This is not an order confirmation or order acceptance from the Website. Unless we have notified you that we do not accept your order or you have cancelled your order in accordance with the Returns Policy, our acceptance of your order and the completion of the contract between you and us will take place when you receive an email from us notifying you that we have dispatched the Items ordered by you.
We may not accept your order if (i) an item you have ordered is out of stock, (ii) we are unable to obtain authorisation for your payment or (iii) if we identify a product or pricing error. We reserve the right to reject any offer to purchase by you at any time and at our sole discretion.
If we are unable to fulfil your order following our order acknowledgement, we will contact you by email or telephone advising you of this.
We will try to keep our Website as up to date as reasonably possible, but cannot guarantee that any particular product will always be available. If we can't supply any Item we will release the funds being held in your account for the purchase.
4. Orders and Payment Terms
(a) Placing orders. By using our Website, you agree to abide by our orders terms in the FAQ’s section;
(b) No Sales to Children. We do not sell products on our Website to childrens, but only to adults, who can purchase with a credit card or other permitted payment method. If you are under eighteen (18) years of age, you may use the Website only through a parent or legal guardian.
(c) Payment Methods. We use a third-party payment provider to process your orders, and your use of the third-party payment provider’s service may be subject to such provider’s additional terms. We accept various payment methods for product purchases through our Website, which may include Mastercard, Visa, Visa Electron, and JCB. For additional information please see our FAQ’s section.
(d) Offers. You acknowledge and agree that any offers made available through the Website and or our social media platforms are subject to change at any time, and from time to time.
(e) Shipping. We will ship the product(s) you purchase through the Website solely in accordance with our shipping methods and terms currently available in our FAQ’s section, as we may update them from time to time.
Our partner boutique may take additional working days to prepare and dispatch your shipments. We will send you an email confirmation with the tracking link as the product is on its way to you.
(f) Returns and Refund. We will provide refunds and returns for products purchased through the Website solely in accordance with our Returns and Refunds policy detailed in the FAQ’s section.
(g) Brand Ambassadors. From time to time, we may offer a user the opportunity to participate in our Brand Ambassador Program. We will determine in our sole discretion the terms and conditions of such a program. Any user who participates in such a program agrees that we retain sole and complete discretion of determining who may or may not participate in it. If you are chosen as a Brand Ambassador, we may end your participation in the program at any time, for no reason, at our sole discretion. You agree to return to us any confidential materials and information that you received. As a Brand Ambassador, you shall not:
1. Take any action that could reasonably cause any confusion to the Brand Ambassador’s relationship with us.
2. Do anything harmful to the company’s image and reputation;
3. Share any coupon code, vouchers code, gift card, etc gained as a reward as rewards are intended only for our Brand Ambassadors to use.
4. Disclose the activities, rewards, and other information made available to you by italist directly or through its Brand Ambassador portal to any third party.
5. Product Quality
All goods undergo strict quality control procedures prior to their shipment. We do not allow the shipment of flawed items or products of lower quality than the corresponding market standards for sale on the Website. Please note that items which are damaged or as a result of normal wear and tear; by accident; or through misuse will not be considered faulty, will not be accepted and will be sent back to the customer and/or a refund refused.
If an item you have ordered is not as described, is flawed or of a lower quality, you can return it to us within the prescribed return period.
As a consumer, you have legal rights in relation to products that are faulty or not as described. Nothing in these Terns will affect these legal rights.
6. Affiliates
We are not affiliated with websites or third parties that sell or advertise our products, services and/or experiences without express permission or authorisation from Us. We reserve the right to void all service, return, and other policies for orders and DLM products that were purchased through unauthorised sellers. We are not responsible for any representations by unauthorised sellers.
7. Credit Card Payment
Your credit card company may undertake additional security checks to confirm it is you making the order. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses, or subsequently refuses to, or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.
In any credit/debit card transaction, you must use your own card. We will not be liable for any credit/debit card fraud. The liability to use a card fraudulently will be on the user and the onus to 'prove otherwise' shall be exclusively on the user.
8. Risk of Loss; Deliveries
The items purchased through the Website are shipped by a third-party carrier pursuant to a shipment contract(s). As a result, risk of loss and title for such items pass to you upon our delivery to the carrier. We are not responsible for any loss of items, damage to items, misdeliveries, delays, or failed deliveries of items. If there are any delays in delivery, you may contact our Customer Services department, whose contact details are shown in the "Contact Us" section of the Website.
9. Indemnification
By using this Website, you agree to indemnify, hold harmless and defend DLM, its parent, subsidiaries and affiliates, and their respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors, representatives and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defence, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with (i) your use or misuse of the Website; (ii) your breach of the Terms; or (iii) your violation of any law or the rights of a third party. You agree to cooperate as fully as reasonably required in the defence of any claim. DLM reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
10. Unavailability of the Website
We may alter, suspend, or discontinue this Website in whole or in part, at any time and for any reason, without notice or cost. We may, in our sole discretion, terminate or suspend your use or access to all or part of the Website or your account or membership, for any reason, including without limitation, breach of our Terms. If at any time, we notify you that your access to and /or use of the Website or your account is terminated, you must cease and desist from all such access and/or use immediately. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. In the event these Terms or your membership or account is terminated, the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination.
11. Copyright Infringement; Notice and Take Down Procedures
If you believe that any materials on this Website infringes your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorised representative and must: (a) identify the allegedly infringing materials; (b) indicate where on the Website the infringing materials are located; (c) provide your name and contact information; (d) state that you have a good faith to belief that the materials are infringing; (e) state that the information in your claim is accurate; and (f) indicate that you are the lawful copyright owner or are authorised to act on the owner's behalf. Please email the copyright issue to [email protected]
12. Governing law and jurisdiction
(a) These Terms are subject to the English law;
(b) The courts of England and Wales shall have exclusive jurisdiction over all claims or disputes (whether contractual or non-contractual) arising in relation to, out of or in connection with these terms and conditions;
(c) Nothing in these Terms is intended to affect your statutory rights.
