A. INTRODUCTION
These terms and conditions (collectively, “TERMS”) set out the terms of use that apply to www.lifeofXoXo.com (the “SITE”). Stavri Zavrou, the owner of this Site, will be referred in these Terms as “LifeofXoXo/We/Us”. If you have any questions regarding the Site or these Terms, or in the unlikely event that you have any complaints about any products purchased by you from the Site you can contact us at:
Email:
thelifeofxoxo@outlook.com
B. USE OF SITE
- The Terms apply to your use of and access to the Site including all orders submitted by you for any products or services made available by us for purchase over the Site. By accessing the Site you agree to these Terms and we therefore advise you to read these Terms carefully and to save or print a copy of these Terms for future reference. If you do not agree to these Terms, you must cease using and accessing of the Site immediately. The Terms may be changed and updated from time to time and any changes will be effective from the publication of the new Terms on the Site.
- Please note that these Terms do not affect your statutory rights as a consumer. For more information on your statutory rights we suggest to take legal advice.
- You agree that the information you provide when you register on the Site is not misleading, and is true and accurate in all respects and you will notify our customer service team of any changes to that information.
- We may change, withdraw, or suspend access to the Site (in whole or part and permanently or temporarily) with or without notice and with no liability to you.
- We may deny you access to the Site at any time in our sole discretion. Examples of when we may so deny you access include but is not limited to where we believe that your use of the Site is in violation of any of these Terms, any law or the rights of any third party or was not respectful to others.
- Any material that you upload to the Site for publication will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute, reproduce, exploit, modify, alter and/or disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights or of their right to privacy.
- We may offer you the ability through the Site to check the availability of certain products. The level of stock availability shown will be updated regularly but it does not guarantee that the product checked will be available.
C. PURCHASE OF PRODUCTS
IF YOU ARE PLACING A BACK-ORDER OR A PRE-ORDER FOR PRODUCTS WHICH ARE AVAILABLE TO BACK-ORDER OR PRE-ORDER ON THE SITE, THE FOLLOWING SECTIONS C(1) TO C(7) BELOW MAY BE SUPERSEDED BY OR MAY APPLY IN ADDITION TO SPECIFIC TERMS APPLICABLE TO SUCH PRODUCTS AS SET OUT IN SECTION D BELOW.
- ACCEPTANCE OF ORDERS
1.1. All information on the Site is an invitation to treat only and is not an offer or unilateral contract. You agree that your order is an offer to purchase the products listed in your order (“PRODUCTS”) from us on the Terms. All orders submitted by you are subject to acceptance by us. We may choose not to accept your order in our discretion for any reason whatsoever without liability to you, unless we are not permitted to do so under statutory law. Examples of when we may not accept your order are as follows:
(A) If Products are shown on the Site but are not available or are incorrectly priced or otherwise incorrectly described;
(B) If we are unable to obtain authorisation of your payment;
(C) If you order multiple quantities of an individual Product where such Products are to be shipped to any one customer or delivery address;
(D) If shipping restrictions may apply to a Product ; or
(E) If the delivery address you give is the address of an entity or individual providing freight forwarding services; or
(F) If the information (including but not limited to your name and delivery address) you have provided is not a valid.
1.2. After submitting an order to us, we will send you an order acknowledgement email with your order number and details of the Products you have ordered from us. Please note that this email is an acknowledgement that we have received your order and is not an acceptance of your order. Acceptance of your order and the formation of a contract of sale of the Products between us and you will not take place unless and until we have sent you an email confirming that the Products have been dispatched (“DISPATCH CONFIRMATION”). After entering into the contract of sale, we will be under a legal duty to supply you with goods that are in conformity with the contract and you will be obliged to pay for the Products and any other charges clearly stated on the order acknowledgment email.
1.3. In the event prolonged inactivity causes your connection to the Site to fail, your selection of goods may be lost. In such case, you will be required to re-enter your selection. Please note that items in your shopping basket and on your wishlist are not reserved and may be purchased by other customers.
1.4 Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order and correct any input errors.
1.5 You will be obliged to pay for Products (TOGETHER WITH THE RELEVANT DELIVERY CHARGES AND ANY CARD PROCESSING OR PAYMENT PROCESSING CHARGES) at the time of collection from the courier shop.
1.6 Variations in both the manufacturing processes we use and also the display properties of the computer hardware you use to view the Site may mean that the colours, measurements, fabrics and designs of the Products displayed on the Site and the Products delivered to you may differ in appearance in minor respects. We are not responsible for any such differences. - PRICES
2.1 All prices of Products on the Site are the price for the Products only. They include any VAT or other sales tax payable (unless otherwise specified). We shall endeavour to notify you if the price displayed is not fully inclusive of any customs duties or taxes. Prices do not include the charge for delivery.
2.2 We endeavour to ensure that all pricing information on the Site is correct. Occasionally, however, an error may occur and Products may be mis-priced. If a Product’s correct price is lower than the price stated on the Site, subject to our right to refuse an order pursuant to Section C 1.1(A), we will charge the lower amount and send you the Product. If a Product’s correct price is higher than the price stated on the Site, we will, at our discretion, contact you and ask you whether you wish to proceed with the order at the correct price or cancel your order and notify you of such cancellation. We will not be obliged to supply Products at an incorrect price.
2.3 We may vary the prices of Products listed on the Site at any time and without any notice but such changes will not apply to Products in respect of which you have been sent a Dispatch Confirmation. - PAYMENT TERMS
3.1 The total cost of your order will be the purchase price for the Products and any additional services you order, including for example, monogramming or delivery.
3.2 More information about the payment methods that we accept can be found in our Payment Method section. We reserve the right to change the payment methods we are able to accept at any time.
3.3 Please note that we accept payment only in EURO. - INVOICING
Where we elect, or are required by applicable law, to issue or make available an invoice, we reserve the right to issue or make available electronic invoices and you agree to such form of invoicing.
5. DELIVERY, TITLE AND RISK
5.1 We are only able to deliver to courier shops of our selection. We cannot be held responsible if you are unable to collect the Products from the selected courier shop. Changes to the selected courier shop are not permitted. Please note that we do not deliver to PO boxes. Please note that there are restrictions on the locations to which we deliver Products purchased from the Site. Details of the courier shop locations to which we deliver are available from us on request.
5.2 When we receive your order, your order shall be processed by us and we will endeavour to dispatch your order in accordance with the estimated delivery times set out in the checkout process as you submit your order. Orders received after 14:00 (Cyprus Time GMT+2) or received on a day which is not a working day (Saturday or Sunday or any day on which the banks are closed in Cyprus), will be processed on the next working day. Estimated delivery times will be calculated from the date on which the order is placed, unless otherwise specified.
5.3 Where you have selected any of our’s delivery services and your order has been accepted by us, your sole remedy for any failure by us to dispatch your order in time for delivery within the relevant estimated delivery times for your shipping destination and selected delivery method shall be your right to cancel the relevant order and receive a full refund of any monies paid to us in respect of that order.
5.4 Title in the Products will pass to you on the later of:-
(A) The date on which we receive full payment for such Products; and
(B) The date and the time of collection of such Products from the courier shop.
5.5. Once a Product has been collected by you or by any third party on your behalf, all risk of damage to, or loss of, the Product shall pass to you concurrently with collection.
5.6 We shall be entitled to supply the Products in instalments and each instalment shall be deemed to constitute a separate contract with us, and we shall be entitled to supply only part of an order.
6. CANCELLATION AND RETURNS
6.1 Should you wish to cancel or return any Products, you may only do so in accordance with our Refunds & Returns Policy. This Refunds & Returns Policy does not affect your statutory rights as a consumer (including, where applicable, your rights under applicable distance selling legislation or e-commerce regulations in the territory to which the Product is shipped (“REGULATIONS”). For more information on your statutory rights, contact your lawyer.
6.2 Where you return a Product under the Regulations we will issue you with a full refund but you will need to return the Product at your own cost (if you have already received the Product), unless otherwise specified in our Refunds & Returns policy.
6.3 Please note that you will not be entitled to cancel or return personalised or monogrammed Products. For hygiene and safety reasons, we are unable to accept returns for underwear and pierced jewellery items. This does not affect your statutory rights.
7. AGE REQUIREMENTS
7.1 In order to use the Site you must be over 18 years of age.
D. PRE-ORDER AND BACK-ORDER OF PRODUCTS
- The Terms in this Section D apply to any purchase of Pre-Order and/or Back-Order Products (as defined below in Section D(2) and D(3)) and apply in addition to, and in the event of any conflict take precedence over, the Terms set out in Sections C(1) to C(7). In all other respects sections in Sections C(1) to C(7) of the Terms continue to apply in full force and effect.
- From time to time we may invite you to pre-order selected Products on the Site before they are available to purchase on the Site (“PRE-ORDER PRODUCTS”). In the event that we do so please note that the delivery options and the processing time offered on the Site and set out in Section C of the Terms shall not apply to orders of Pre-Order Products. Pre-Order Products will be shipped within 2 weeks from the date that the order is placed and the estimated date that the Pre-Order Product will be dispatched to you will be displayed in the checkout process as you submit your order.
- A back-order is an order for Products that are not currently available due to lack of available supply (“BACK-ORDER PRODUCTS”). In the event we receive a back-order then we will inform you within 2 weeks from the date that the order is placed whether the Back-Order Products are available and accept your order or cancel your order as the Back-Order Products are no longer available.
- Please note that we have the right to cancel any Pre-Order and/or Back-Order in case the Pre-Order Products and/or the Back-Order Products are not available within the above specified time frames without the obligation to compensate you.
E. GENERAL
1. INTELLECTUAL PROPERTY
1.1. All content (including, but not limited to, logos, text, data compilations, graphics, icons, images, photographs, audio clips, sounds, music, and software, and any combination thereof) available on the Site (the “CONTENT”), is either owned or licensed by Stavri Zavrou, and is protected by applicable copyright laws and treaties around the world. All such rights are reserved.
1.2. The “THELIFEOFXOXO” trade mark as well as all trade marks, whether they are figurative or not, and all other marks, trade names, service marks, brand names, business names, illustrations, images, logos which appear on our Products, Sites, accessories or packaging, whether registered or not (the “TRADE MARKS“), are and remain the exclusive property of Stavri Zavrou and/or its licensors and are protected by applicable trade mark laws and treaties around the world. All such rights are reserved.
1.3 All other intellectual property rights (including, without limitation, registered or unregistered trade marks, logos, designs, copyrights, patents, know how or trade secrets) in or related to the Site, the products depicted and/or available on the Site and any accessories, stationery, packaging or ancillary items connected to such products, your order or the Site (the “INTELLECTUAL PROPERTY RIGHTS”) are and shall remain the exclusive property of Stavri Zavrou and/or its licensors and such Intellectual Property Rights are protected by applicable intellectual property laws and treaties around the world. All such rights are reserved.
1.4. LIMITED LICENCE
Subject to the terms herein, we grant you a revocable and non-exclusive licence to access and make personal use of the Site limited such that it does not include the right to:
(A) use the Site in any way which may prejudice or damage the reputation of us;
(B) use the Site for any commercial or business purposes. The Site is for your personal use only;
(C) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
1.5. We may terminate the limited licence set forth in this Section at any time in our sole discretion without prejudice to any other remedy we may have against you pursuant to applicable law for any reason whatsoever and/or for any breach of these Terms.
2. CONTENT
We endeavor to ensure that the information posted by us on the Site is accurate and complete. We do not, however, guarantee that the Content or any other information available on the Site is accurate and/or error free, we do not promise that the functionality of the Site or Content will be error free or that the Site, Content or the servers that make such Content available are free of viruses, malicious code or other components which are potentially harmful. We recommend that all users of the Internet ensure they have up to date virus checking software installed.
3. EXCLUSION OF WARRANTIES
- This Section does not affect your statutory rights as a consumer and, in respect of the Products, does not exclude or limit in any way our liability for breach of the statutory rights set out under applicable consumer laws relating to good title, no encumbrance and quiet possession, correspondence with description, satisfactory quality, fitness for purpose and correspondence with sample. For more information on your statutory rights, contact your lawyer.
- SUBJECT TO THE PRECEDING PARAGRAPH TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM AND EXCLUDE ALL OTHER TERMS, CONDITIONS AND WARRANTIES IN RELATION TO THE PRODUCTS AND SERVICES WHETHER EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE OR ARISING FROM ANY PREVIOUS COURSE OF DEALING OR USAGE OR TRADE PRACTICE.
4. LIMITATIONS OF LIABILITY
- Nothing in these Terms limits or excludes our liability: (i) for death or personal injury caused by negligence; (ii) for fraud or fraudulent misrepresentation; or (iii) for any other liability which cannot be limited or excluded by applicable law.
- Subject to Section E(4.1) above, we will not be liable, in each case, whether in contract, in tort (including, without limitation, negligence or breach of statutory duty), or otherwise however arising out of or in connection with these Terms for any:
(A) economic losses (including, without limitation, loss of income, revenues, data, actual or anticipated profits, contracts, business, opportunity or anticipated savings); or
(B) loss of goodwill or reputation; or
(C) special, indirect or consequential losses or damages suffered or incurred by you arising out of or in connection with these Terms. - Subject to Sections E(4.1) and E(4.2) the aggregate liability under these Terms of us whether arising under contract, tort (including negligence) breach of statutory duty or otherwise shall in no event exceed 100% of the price of the Product you have ordered from us.
This section E(4) does not affect your statutory rights as a consumer. For more information on your statutory rights, contact your lawyer or your local Trading Standards Office or Citizens Advice Bureau, or the equivalent.
5. DATA PROTECTION
By placing an order or visiting our Site you agree and understand that we may collect, use, store and process your personal data in accordance with our Privacy Policy. We fully respect the privacy of individuals who access and use the Site. For details on the manner in which we use cookies, the type of information we collect, how and for what purpose, we use your information and under what circumstances we disclose information please see our Privacy Policy and Cookie Policy which are incorporated into and form part of these Terms.
6. ASSIGNMENT, SUBCONTRACTING ETC
We reserve the right to transfer, assign, novate or sub-contract all or any of our rights and obligations under these Terms provided that your rights under these Terms are not affected. You may not assign, sub-contract or otherwise transfer any of your rights or obligations under these Terms without our consent in writing.
7. AMENDMENTS TO THESE TERMS
We reserve the right to make changes to these Terms at any time. You, and any contract of sale between us, will be subject to the version of these Terms in force at the time you order the Products in question from us.
8. EVENTS BEYOND OUR REASONABLE CONTROL
We will not be held responsible for any delay or failure to perform or comply with our obligations under these Terms if the delay or failure arises from any cause, which is beyond our reasonable control.
9. SEVERANCE
Each provision of these Terms shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable form and not affect the enforceability of any of the other provisions of these Terms.
10. GOVERNING LAW AND JURISDICTION
Any contract to which these Terms apply shall be governed by and construed in accordance with the laws of Cyprus and you submit to the exclusive jurisdiction of the Courts of Cyprus.
11. ENTIRE AGREEMENT
- These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any contract.
- We each acknowledge that, in agreeing to these Terms, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (“REPRESENTATIONS”) of any person (whether a party to that contract or not) other than as expressly set out in these Terms.
- Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these Terms.
11. NOTICES
All notices given by you to us must be sent to Stavri Zavrou at thelifeofxoxo@outlook.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order or by posting notice to the Site. Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13. WAIVER
- If we fail, at any time during the term of our contract, to insist upon strict performance of any of your obligations under the contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled pursuant to the Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
- A waiver by us of any default shall not constitute a waiver of any subsequent default.
- No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Section E(12) above.
14. THIRD PARTY EXCLUSION
No Third-Party may claim any rights under these Terms.