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BOUTIQUES AND BRANDS – TERMS & CONDITIONS

Please read these terms of business carefully before using the website and services offered by Boutiques and Brands.

The Agreement sets out the terms and conditions for your use of the website at www.boutiquesandbrands.com ( ” B & B Online” ) and all services provided by Boutiques and Brands Online Marketplace and Internet Shopping Destination on the site referred to hereafter as ( the “ site “ ) and ( “ B & B Online “ ).

By using the site in any manner, including but not limited to visiting or browsing the site, you agree to be bound by this agreement, including those additional terms and conditions and policies referred to here or separately available by hyperlink.  This agreement applies to all users of the B & B Online site, including without limitation users who are vendors, customers, brand suppliers, bloggers, contributors of digital content, information and other materials or services on the site

B & B ONLINE – AN INTERNET BASED SHOPPING DESTINATION & SPECIALIST INTERNET PLATFORM

The B & B Online marketplace acts as a multi-vendor e-commerce platform to allow multi-brand boutique users, International fashion brands and other approved vendors who comply with this agreement to sell to the general public via this website.  B & B Online is not directly involved in the actual transactions between vendors and sellers and so consequently cannot and does not take title to the goods or transfer legal ownership of items from the vendor to the buyer.

Our Boutiques and Brands Online vendors are carefully selected and approved members and sell direct to the general public through this specialist site.

B & B Online is an e-commerce platform and online shopping mall and as such is not responsible or liable for any content, data, text, information, user-names, graphics, images, photographs, profiles, audio, video, items, and links posted by our sellers and vendors or other outside parties.  We offer you the use of the site in good faith and you use the B & B Online service at your own risk.  B & B Online management are happy to offer their services to help vendors with editing copy and other listing support.

MEMBERSHIP ELIGIBILITY

General Compliance :

B & B Online vendors are referred to as MEMBERS and are selected from applications and approved by our marketing and management team…

Vendors and users agree to comply with all local laws regarding online conduct and acceptable content.  Vendors and users are responsible for all applicable taxes payable as a result of their activity on the site.  In addition, vendors and users agree to abide by B & B Online policies as stated in this agreement as well as all other operating rules, policies and procedures that may be published from time to time on the site and each of which may be amended or updated by B & B Online from time to time without notice.

Usernames & Passwords :  Always keep your password secure.  Vendors and users are fully responsible for all activity, liability and damage resulting from the failure to maintain password confidentiality.  Vendors and users agree to notify B & B Online of any unauthorised use of their password or any breach of security. B & B Online cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.  Vendors and users agree not to provide their username and/or password information to any other party at any time.

Account Information :  All vendors and users must keep their account information up-to-date and accurate at all times, including a valid email and delivery address.  All changes must be given at the earliest convenience by e-mail.

Customer Payments :  To sell items on B & B Online you must provide and maintain a valid PayPal or other business bank account and postal address.

Account Ownership :  B & B Online vendors may only hold and operate one active selling account at any one time and the selling account must only be operated by the named account holder.  If a secondary account is required then the vendor must request written approval and confirmation from B & B Online.

FEES AND SERVICES

B & B Online approved vendors ( Boutiques or Brands ) may be charged a monthly subscription fee depending on their negotiated agreement.

B & B Online will charge a percentage to be agreed of the online sale price ( after VAT ) when the item sells.

B & B Online fees and other features are subject to change.  Such changes will be incorporated into this agreement by reference.  B & B Online may change some of the B & B Online services at any time.  The fees for any new service are effective at the launch of the new service if a vendor agrees to accept this new service or change to an existing service.  Unless otherwise stated, all fees are quoted in UK Pounds (GBP) and calculated less the VAT.

Vendor accounts must be paid on time according to the agreed terms with all membership fees owed paid to date or the account may be suspended.  B & B Online’s agreed commission % ( Plus VAT ) will be deducted from PayPal account used for the transaction.  A Boutique or Brand account can be closed or downgraded at any time if it is subject to misuse and it is within the authority of the B & B Online management team to manually terminate their online Boutique or brand pages and profile without notice.  The Vendor is responsible for the prompt payment of all other membership fees if due and applicable taxes associated with using B & B Online.

All fees charged are exclusive of UK VAT where applicable.  In certain circumstances fees will not be subject to UK VAT but you may be liable to indirect taxes in your own country.  B & B Online recommends that you research whether you are liable to declare such taxes to the relevant tax authorities.  A valid VAT or Tax identification number is required from EU or other international sellers who are VAT or Sales Tax registered.  EU and other international sellers are liable to notify B & B Online of any change in VAT status.

When fees are charged by B & B Online we will invoice the vendor for the amount due that month.  UK VAT will be added to UK vendor invoices.  No VAT will be added to EC or other country vendors so long as we have that vendor’s tax reference number to show on the invoice.  This amount will be taken automatically by B & B Online from the vendor’s registered PayPal account two working days later.

Fees and Termination:  If B & B Online terminates a listing or the vendor’s account, if the vendor closes their own account, or if the payment of the vendor’s B & B Online fees cannot be completed for any reason, you remain obligated to pay B & B Online all unpaid fees plus any penalties, if applicable.  If the vendor’s account is not paid in full, the vendor risks penalties such as the suspension of privileges, termination of the account and/or legal action.  If the vendor has a question or wishes to dispute a charge they must contact B & B Online administration as soon as possible.

LISTING AND SELLING

Listing Description :  When uploading and listing an item on B & B Online the vendor warrants that all aspects of the item comply with B & B Online policies.  The vendor also warrants that they have legal title to the item, may legally sell the item and are authorised to publish the brand name and image online.

The vendor must accurately describe the item and all terms of sale in the listing. The listing must always include a photograph of the item and include text descriptions, pictures and other content relevant to the sale of that item.  All items must be listed in an appropriate category/s with appropriate tags.  An item must not be listed more than once, unless the item’s listing has naturally expired.  If the “in stock” quantity is more than one, all items in that listing must be identical with the only exception being minor variations arising from items being hand-finished which must be included on the listing.

Fulfilment :  All sales are binding. The vendor is responsible for shipping up to the point of delivery or otherwise completing the transaction with the buyer within 21 days, unless there is an exceptional circumstance, such as:

(a) the buyer fails to meet the terms of the seller’s listing ( such as payment ) or ..

(b) the vendor cannot authenticate the buyer’s identity or delivery address.

(c) the item is on ‘ Back order ‘

(d) the item is ‘ Made to Order ‘

No action regarding the fulfilment of the purchase will begin until confirmation of payment is received in full.

If the exceptional circumstance is either item ( C ) or ( D ) from above circumstances the vendor agrees to confirm the order direct to the consumer and to B & B Online by e-mail within seven days confirming the anticipated delivery date ( In House ) and method of shipping.

Returns & Defective goods :  The vendor ( With B & B Online support ) is responsible for the satisfaction and prompt implementation of the B & B Online Returns policy as documented on the site.

Fees & Pricing :   The price stated in each listing must be an accurate representation of the sale price of the item.

It is assumed that shipping and handling is included in the retail price unless otherwise stated.  Any additional freight and handling costs must be show separately where appropriate. These additional and separate charges will not be subject to B & B Online fees for that article or listing.

Vendors may charge reasonable shipping and handling fees to cover the costs for packaging and posting the items.

It is recommended that vendors do not charge additional shipping and handling fees to remain competitive.  This complementary £ 0.00 shipping charge will be shown on the customers invoice / receipt.

Fees Chargeable % :  B & B Online are willing to negotiate the commission % chargeable on vendor sales subject to other contractual and specially agreed membership terms, listing levels and other business criteria.

ITEM LISTING COMPLIANCE / COPYRIGHT INFRINGEMENT

The vendor is solely responsible for their own conduct and uploading activities regarding the B & B Online Marketplace.  All data, text, copy, usernames, graphics, images, photographs, profiles, audio, video, any other information or items, and links ( together known as ” content ” ) that is submitted, posted and displayed on B & B Online must meet the following criteria. The content must not infringe upon any third-party’s copyright, patent, trademark or other proprietary or intellectual property rights or rights of publicity or be false, inaccurate or misleading in any way.

  1. Must not be fraudulent or involve the sale of illegal, counterfeit or stolen items
  2. Must not involve the sale of real fur items or other endangered animal products.
  3. Must not breach this agreement, any site policy or community guidelines, or any applicable law or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
  4. Must not contain items that have been identified as hazardous to consumers
  5. Must not be defamatory, libellous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person or other users or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account (s) or any other method.
  6. Must not be obscene or otherwise embarrassing in any way.
  7. Must not contain or transmit any code of a destructive nature that may damage, interfere with, intercept or expropriate any system, data or personal information
  8. Must not modify, adapt or hack B & B Online Marketplace or modify another website so as to falsely imply that it is associated with B & B Online.
  9. Must not link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this agreement or other policy documents as posted on B & B Online.

Vendors must not list any item on B & B Online ( or conclude any transaction that was initiated using B & B online Marketplace’s service ) that, by paying to B & B Online a commission fee, could cause B & B Online to violate any applicable law, statute, ordinance or regulation, or that violates the B & B Online Terms & Conditions of use.

Promotional Codes :  Vendors may issue special promotional codes for promotion purposes only and these are to be used against purchases from the issuing vendor’s boutique only. Promotional codes have no cash value and cannot be exchanged for money or credit.  Special promotional discount voucher codes may be used from time to time so long as they meet B & B Online terms and have a clear expiry date.  B & B online commission is chargeable on the published selling price less VAT and before the promotion code / discount is applied.

UPLOADED CONTENT

Licence & IP Rights :   B & B Online does not claim ownership rights to the vendor’s uploaded content.  The vendor grants B & B Online a licence to enable B & B Online to use any information or content supplied so that B & B Online does not violate any rights the vendor may have to that content.  The vendor grants B & B online a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licence ( through multiple tiers ) and rights to exercise the copyright, publicity, and database rights the vendor has to the content, in any media now known or not currently known, with respect to the content.  The vendor agrees to allow B & B Online to re-format, when appropriate, the content on B & B Online and display the content on B & B Online in any way that B & B Online chooses.

By uploading content to B & B Online the vendor confirms that they own and have the right to use such content in this manner and that such content does not infringe any third party intellectual property rights. In the event that B & B Online receives a complaint in respect of any content posted by the vendor it shall be the sole responsibility of the vendor to deal with such a complaint and to compensate B & B Online for any loss suffered.  B & B Online reserves the right to remove any such content immediately.

By uploading vendor boutique or brand images to B & B Online you agree that B & B Online has the right to use these images and copy to promote the B & B Marketplace and Online Shopping Mall and your boutique store and brand in any external press as well as across all  YFC London & B & B Online Social media posts and websites.

Third Party Re-Posting of Content :   By posting content on B & B Online it is possible for an outside website or a third party to re-post that content.  The vendor agrees to hold B & B Online harmless for any dispute concerning this use.

If the vendor chooses to display their own B & B Online hosted image or copy on their own social media postings, their   own or another website, the image or text it must provide a link back to its original B & B Online listing page.

CONTENT AND INFORMATION SUPERVISION

B & B Online does not edit, supervise, regulate or control the content provided by users.  Should users find some content to be offensive, harmful, inaccurate, or deceptive please e-mail us immediately so that we may have it removed promptly from the site.  Please also be aware that there are also risks of inadvertently dealing with people acting under false pretences. Additionally, there may also be risks dealing with unscrupulous international traders.

By using B & B Online users agree to accept such risks and that B & B Online and our directors, employees or agents are not responsible for any acts or omissions of users on B & B Online. Please use caution, common sense, and practice safe buying and selling when using the B & B Online Marketplace.

Banners & Hyperlinks :  B & B Online may from time to time promote other websites, products and services and other resources.  B & B Online is not responsible for the availability of outside websites or resources linked to or referenced on the Site.  B & B Online is not responsible or liable for any content, advertising, products, or other materials on or available from such websites, links or resources.  The vendor and our buyers agree that B & B Online shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website, link or other resources or via pop ups which may appear when accessing the site from your computer.

RESOLUTION OF DISPUTES AND RELEASE

In the event a dispute arises between users and B & B Online please contact us directly by e-mail. (See contact page)

Any dispute arising from or relating to the subject matter of this agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Should you have a dispute with one or more users, or an outside party, you release B & B Online ( and its, directors, employees ) from any and all claims, demands and damages ( actual and consequential ) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

B & B Online may try to help vendors and users resolve disputes when requested. B & B Online does so at its own discretion and has no obligation to resolve disputes between users or between users and outside or third parties. To the extent that B & B Online attempts to resolve a dispute it will do so in good faith based solely on this agreement and its policies.

PayPal & other payment disputes :  B & B Online will not make judgements regarding legal issues or claims and all disputes related to financial transactions will ultimately be determined by PayPal or the other payment provider used in the transaction.

B & B ONLINE MARKETPLACE – INTELLECTUAL PROPERTY

B & B Online and other supplied graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks of B & B Online and YFC London. Copyright, trademarks, service marks, logos, business name, domain name, rights in get up and trade dress and all other intellectual property rights may not be used, including without limitation as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

BREACH of our terms of business

Without Prejudice and even before the implementation of other remedies, B & B Online may, without notice, and without refunding any fees, immediately remove any content deemed to breach B & B online terms of business.

B & B Online may, until any perceived dispute is resolved, issue a warning to a vendor or user, temporarily suspend a vendor or user’s account or terminate a vendor or user’s account. B & B Online will take technical and legal steps to prohibit the vendor or user from the site until the dispute is resolved.

Liability & INDEMNITY

B & B Online shall not be liable for any damages whether direct, general, compensatory, consequential or incidental arising out of or relating to the conduct of any vendor or other user in connection with the use of this site.  Any claim regarding B & B Online’s liability shall be restricted to and limited to the amount of fees paid in the course of the single dispute, aborted or frustrated transaction leading to any settled claim.  The vendor or other user agrees to indemnify and hold B & B Online harmless in respect of any claim or separate demand for legal fees made arising out of a breach of this agreement.

ACCESS TO THE SITE – GUARANTEE

B & B Online does not guarantee continuous, uninterrupted access to the site, and operation of the site may be interfered with by numerous factors outside B & B Online’s control.

LEGAL COMPLIANCE AND INTERNATIONAL TAXES

All vendors and other users shall comply with all applicable domestic and international laws and regulations regarding the use of the site and any other B & B Online service including, the listing, any and all purchases, offers to purchase, and sale of items. In addition, all vendors and other users shall be responsible for paying any and all taxes applicable to any purchase or the sale of items made on the Site.

B & B ONLINE SERVICE / TERMS & CONDITIONS

B & B Online reserves the right to modify or terminate the B & B Online service for any reason, without notice, at any time. B & B Online reserves the right to alter these Terms & Conditions of Use or other site policies at any time, so please review the policies frequently.

In the event B & B Online makes a material change, B & B Online will notify vendors and other users here, by email, by means of a notice on our home page, or other places B & B Online deems appropriate. What constitutes a “material change” will be determined at B & B Online’s sole discretion, in good faith, and using common sense and reasonable judgment.

LEGAL

This Agreement shall in all respects be interpreted and governed by the laws of England and Wales.

ADDRESS FOR SERVICE

Unless stated otherwise, any notices or complaints shall be forwarded by post to :

Boutiques and Brands C/o YFC LONDON

Suite G6B – Moulton Park Business Centre – Redhouse Road – Moulton Park – Northampton NN3 6AQ.

or by e-mail to the address provided on the contact us page on the site.

Please note that B & B Online will deal with all customer or vendor complaints ( on receipt of written notice ) as soon as possible, promptly and within a reasonable time frame .

LEGAL OWNERSHIP : The legal owners of this site is : Young Fashion Connection Ltd ( YFC London )