Welcome to www.boutiqibags.com. By using the Website you agree to be bound by these Terms and Conditions and any Orders placed by you are bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Website.
The Website is provided solely for your personal use. You may not use the Website for any commercial purpose. We reserve the right, at our sole discretion, to change, modify, add, amend or remove any part of these Terms and Conditions from time to time and it is your responsibility to check these Terms and Conditions from time to time for changes. We may modify or withdraw, temporarily or permanently, the Website (or any part of it) and we shall not be liable to you or any third party for any modification to or withdrawal of the Website. If you do not agree to our right to change the Website or the Terms and Conditions from time to time, please do not use the Website.
Please note that these Terms and Conditions do not affect your statutory rights as a consumer.
All text, graphics, photographs, logos, trademarks, artwork, sounds, music, user interfaces, visual interfaces and computer code (the “Content”) belongs to BoutiQi Bags Limited (or is licensed to BoutiQi bags Limited). This Content includes, but is not limited to, the design, structure, selection, coordination, expression, “look and feel” and arrangement of it. The Content is protected by copyright, trademark and other intellectual property rights and you are not permitted to copy, reproduce, republish, upload, post, publicly display, translate, transmit or distribute this Content in any way without BoutiQi Bags Limited prior written permission.
You agree that any information you submit to the Website including Personal Information shall not be misleading and shall be true and accurate in all respects. If you submit to the Website any communication, idea or materials which may attract copyright or other intellectual property rights you agree that this shall become our property and you agree that anything you submit shall not infringe any right of any third party, nor contain anything libellous or otherwise unlawful, abusive or obscene nor constitute an invasion of privacy. As such, you are and shall remain solely responsible for the content of any submissions you make on the Website and we reserve the right to remove any material you have placed on the Website or to deny you access to the Website at any time in our sole discretion.
All content appearing on this Website is the property of:
BoutiQi Bags Limited
Copyright © 2016 BoutiQi Bags Limited. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Website so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2016 BoutiQi Bags Limited. All rights reserved
1. Product Descriptions on our Website
1.1 We will take all reasonable care to ensure that all Product Descriptions are correct at the time when the relevant information was first entered onto the Website. We have made every effort to display as accurately as possible the appearances, colours, textures or finishes of our Products.
What you see will depend on your computer equipment, screen or monitor and we are therefore unable to guarantee that a Product’s images are an accurate representation of the actual merchandise. Please refer to our Returns Policy if you are unhappy with your Order.
2. Product Availability
2.1 The Website features Products that have been carefully selected for sale on the Website. Products are subject to availability so once a Product has sold out it will be taken off the Website at the earliest opportunity and may not be available again. As there is a delay between the time when your Order is placed, and the time when the Order is accepted, the stock position relating to a particular Product may change. If a Product you have ordered becomes out of stock before we accept your Order, then BoutiQi Bags Limited shall not be liable to you for being unable to provide that Product. If such a situation arises, then we shall notify you as soon as possible and you will not be charged for the out of stock Product.
3. Pricing Policy
3.1 Product prices shown on the Website are in British Pounds and are inclusive of UK value added tax (“VAT”) (where applicable), at the appropriate rate, and are correct at the time that the Product Description was first entered on to the Website. Product prices shown on the Website may change from time to time.
3.2 Although we try to ensure our entire Products’ prices displayed in the Product Description are accurate, errors may sometimes occur. If we discover an error in the price of a Product you have ordered we will be unable to accept your Order and shall contact you as soon as possible in order to give the option of either reconfirming your Order at the correct price or cancelling it. If we are unable to contact you, we will treat your Order in respect of the incorrectly priced Product as cancelled.
4. Age Restrictions
4.1 We reserve the right not to sell or deliver any age-restricted Product to anyone who is, or appears to be under the required age.
5. Order process
5.2 The technical steps to place your Order and create a contract of sale between you and BoutiQi Bags Limited are, as follows:
a) You place an Order on the Website by pressing the “Place Order” button at the end of the checkout process. You will be guided through the process of placing an Order by a series of simple instructions on the Website.
b) We will send you an email confirming your Order which will detail the Product(s) (including their Product Descriptions) that you have ordered. This email does not constitute an acceptance of your Order by us.
c) Subject to us having accepted your Order, we will then arrange for delivery of it to you at your nominated address.
5.3 The contract between you and BoutiQi Bags Limited will be concluded in English and subject to the laws of England and the jurisdiction of the English courts. The contract will complete and title in the Product(s) of your Order (and so risk of loss or damage to such) will pass to you on the date on which we receive payment in full for the Product(s).
5.4 We shall be entitled to supply Products ordered as part of one Order in instalments and each instalment shall be deemed to constitute a separate contract between you and us. This may mean that Products are dispatched separately. We also reserve the right to supply only part of an Order.
5.5 Non-acceptance of your Order (or parts of your Order) may be due to any one or more of the following non-exhaustive reasons:
a) A Product you ordered is out of stock;
b) We are unable to obtain authorisation for your payment;
c) We have identified an error with a Product Description;
d) You are not eligible to order a Product, as set out in clause 4 above;
e) There is a system or procurement failure;
f) You fail our customer validation checks; or
g) There are restrictions (legal or otherwise) or practices in relation to a Product which prevent us from being able to sell or deliver it to you.
6. Payment and payment methods on the Website
6.1 You can currently pay in British Pounds.
6.2 Our Website accepts payment for Orders by all major debit and credit cards including PayPal.
6.3 If you choose to pay for your Order using a payment card with a currency denominated account that is different from the currency you are paying in, your payment card will be charged in the payment currency at the foreign exchange rate applied by your relevant payment card provider or bank at the time of processing your Order. Your international payment card provider or bank will determine the foreign exchange rate and may add an additional processing or administration charge which you will be liable to pay.
6.4 By placing your Order and making an offer to buy a Product, you authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports in order to authenticate your identity; to validate your credit card; to obtain an initial credit card authorisation; to protect you and us from fraud; and to enable us to arrange delivery of your Order to your nominated delivery address.
7. VAT and Non-EU Customs
7.1 All Product prices shown on the Website are inclusive of any applicable UK VAT.
7.2 Where you have requested delivery of your Order to an EU country, the total cost of your Order will include UK VAT.
7.3 Where you have requested delivery of your Order to a non-EU country, the total cost of your Order will not include UK VAT.
7.4 Customs and import duties may be applied to International orders when the shipment reaches its destination. Such charges are the responsibility of the recipient of your order and vary from country to country. Contact your local customs office for details.
7.5 Shipping laws are different in each country. It is your responsibility to check with your Customs office to verify whether the country to which you are shipping permits the shipment of your products. BoutiQi Bags Limited is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices.
7.6 You will be the importer for the international delivery of your Order (i.e. any Order delivered to a country other than the UK). Therefore, before placing an Order, it is your responsibility to check that the Products you are planning to import comply with state and federal government import regulations, and that there are no local requirements or restrictions which may affect receipt of your Order. If any customs requirements apply or charges are due, you agree to be responsible for these.
8.1 You must provide us with complete and accurate delivery address information. For the avoidance of doubt, this includes not only the address that your Order is going to, but also the name of its recipient. We cannot be liable for the delivery of your Order to the wrong address or the wrong person as a result of you supplying us with incomplete or inaccurate information.
8.2 All parcels will be delivered by Royal Mail, DHL, UPS or Parcelforce (depending on the country delivery destination) and will require a signature on delivery.
8.3 Please note that delivery of your Order may take longer during sale or other busy periods.
8.4 We will notify you of the international delivery charge(s) applicable to your Order at the checkout and the amount will be added to the total amount of your Order or you may be contacted after your purchase with the additional information and invoice for required amount.
International Delivery Lead Times.
8.5 Delivery lead times of your Order to an international address will vary according to the destination.
8.6 We will make every effort to deliver your Order within the estimated timescales. However delays are occasionally inevitable due to unforeseen factors or events outside our control, for example, material shortages, travel or transportation disruption, import delays or higher than anticipated demand. BoutiQi Bags Limited shall not be liable for any delay or failure by us to deliver your Order within the estimated timescales.
8.7 There may be instances where due to restrictions (legal or otherwise) or practices in relation to a Product, we are prevented from being able to deliver it to you. BoutiQi Bags Limited shall not be held liable in relation to any Product that we are unable to sell or deliver to you as a result of such restrictions. Please refer to the Product Description of your selected Product(s) to see if any restrictions apply.
9. Contract cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
9.1 If you are an EU customer, you have the right to cancel your contract at any time up to fourteen (14) days after the day on which you receive your Order. If you place an Order for several Products and they are delivered separately then your fourteen (14) days will start the day after you receive the last Product on your Order.
Cancellations before dispatch
9.2 If, for any reason, you wish to cancel your contract before your Order has been dispatched, then you need to let us know. You can let us know by email which can be found on our Contact Us page. Once we have received notification from you of your wish to cancel your contract, subject to any monies having been taken from you, we will refund you the original purchase price and delivery charge for your Order within fourteen (14) days. For more information, please see our Returns Policy below.
Cancellations after dispatch
9.3 As it is our policy to try to process your Order immediately it may not always be possible to stop an Order from being dispatched. If you decide to cancel your contract and your Order has already been despatched, then you need to let us know within fourteen (14) days after the day on which you receive your Order. You can let us know by email which can be found on our Contact Us page.
10. Returns Policy
10.1 Please contact us as soon as you can if you wish to return an item, you need to let us know within fourteen (14) days.
a) All returns requests must first be made in writing to us in an email, you can email us at ‘firstname.lastname@example.org’, be sure to include in the email the details of the item that you wish to return in order for us to process the return as quick as possible.
b) Please wait for a reply from us within 24 hours for us to confirm acceptance of the return and for us to provide you with our return postal return address.
c) All original items and accessories must be included in the return and must be in the same condition as sold with the security tags still attached and intact. If the security tag has been removed or tampered with then the return will be rejected.
d) We highly advise you to package the item with plenty of bubble wrap and place it inside a correct size strong box, the item should not be able to move freely inside the box as this may cause damage during transit.
e) The buyer is responsible to pay for return postage, the item(s) must be sent using a traceable method of postage and this should also be insured to the full value of the item(s) with a signature required on delivery.
f) Prior to us receiving the item(s), we do not accept any liability for any loss or damage etc. this remains with you, the buyer. If the goods are not fully insured and are lost or damaged during the postal process then only the buyer will be liable for this loss and we will be unable to grant any form of refund. If however you have insured the goods to their full value, you should be covered by the shipping company providing you have kept all required receipts for a claim.
g) Once we have received the items, we will check that everything is in the original condition as sold with the security tag still attached and intact. Upon inspection of the goods, if we find the item not in the same condition as sold then we reserve the right to withhold part or all of the refund.
h) All valid returns will be refunded to the buyer using the same form of payment which was originally used to make the purchase.
Refunds on a Non-EU Order.
10.2 Please note that we will not refund the original delivery charge or any applicable local customs duties charged to you at checkout and paid to your local customs authority. Certain countries permit refunds of customs duties paid on Products you subsequently return. However, you will need to apply to your local authority to process that.
Any customs charges or additional fees which are incurred by us to receive the goods will be deducted from the refund balance.
10.3 If you wish to return an Order that you purchased using PayPal, you must follow the processes outlined above. We will then process a refund directly to your PayPal account.
Layaway Orders Returns
10.4 Our Layaway Orders are completely free as long as there is no cancelation or return.
10.5 There is a 10% service fee on a 30-day Layaway plan or a 15% service fee on a 60-day Layaway plan. The Layaway service fee is calculated to the full sale value of the item and will be deducted from the refund balance in the event of a cancelation or return of a Layaway item. This applies to cancellations prior to shipping as well as items returned after purchase.
10.6 All other Returns policies also apply to Layaway returns.
11. BoutiQi Bags Account, Personal information and Security
11.1 When you register for a BoutiQi Bags Account, you warrant that:
a) The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and
b) You will notify us immediately of any changes to the Personal Information by emailing us at ‘email@example.com’.
11.2 You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
11.3 You are fully responsible for maintaining the confidentiality of your BoutiQi Bags Account and Personal Information, and all activities that occur in relation to your BoutiQi Bags Account and Personal Information. You agree to immediately notify us of any unauthorised use of your BoutiQi Bags Account or Personal Information and, any breach of security or misuse, or suspected breach of security or misuse of such. Please ensure that you exit from your BoutiQi Bags Account at the end of each session if you use a shared computer. We cannot and will not be liable for any loss or damage arising from your failure to comply with this clause.
12. Compliance with Laws
12.1 The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
13. Liability and Indemnity
13.1 While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
13.2 We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the Website. We will not be responsible or liable to you for any loss of material uploaded or transmitted through the Website.
13.3 If the fulfilment of an Order (or any aspect of it) would be illegal or unlawful, including by reason of breach of export controls or sanctions rules, or you fail any of our fraud detection or anti money laundering detection checks, BoutiQi Bags Limited has the right to stop or cease to fulfil the Order (or part thereof) at any time and shall incur no liability in such circumstances.
13.4 You have certain rights as a customer, including legal rights relating to faulty or misdescribed goods. For further information about your legal rights in the United Kingdom, contact your local authority Trading Standards Department or Citizen’s Advice Bureau. Nothing in these Terms and Conditions will affect these legal rights and, in particular, we will perform our obligations under these Terms and Conditions with reasonable care and skill.
13.5 Any Orders delivered to you will be of satisfactory quality. However, if we deliver an Order that is not of satisfactory quality, you can contact us for a full refund within fourteen (14) days of delivery.
13.6 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms and Conditions for any direct, special, incidental, indirect or consequential damages including loss of profit, loss of opportunity or any losses related to any business including (without limitation) lost data, earnings or business interruption that result from the use of, or the inability to use, the material or Content on the Website, a Product, or the conduct of other Users of the Website, even if BoutiQi Bags has been advised of the possibility of such damages.
13.7 The Website may also contain links to other websites, which are not operated by BoutiQi Bags. When you activate any of these you will leave the Website and we have no control over, and will not accept any responsibility or liability in respect of, the material on any website which is not under our control.
13.8 You agree to fully indemnify, defend and hold us and our agents, officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms and Conditions by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your BoutiQi Bags Account and/or your Personal Information.
13.9 We may terminate your use of the Website immediately if we consider that you have breached these Terms and Conditions.
13.10 Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
14.1 We may change these Terms and Conditions at any time. If any clause of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that clause shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of the remainder of these Terms and Conditions which shall continue to have full force and effect.
14.2 We will not be responsible to you for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control.
14.3 If you breach these Terms and Conditions and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any clause of these Terms and Conditions.
14.4 BoutiQi Bags Limited reserves the right to amend, remove or vary the Website, any page of the Website, any Content on the Website, or any service offered on the Website at any time and without notice.
15.1 www.boutiqibags.com trademarks and trade dress may not be used in connection with any product or service that is not www.boutiqibags.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits www.boutiqibags.com. All other trademarks, brand names, logos etc. not owned by www.boutiqibags.com that appear on this website are the property of their respective owners. BoutiQi Bags Limited is not an authorised dealer, or in any way associated with any of the brands shown and offered for sale on this website. All product trademarks, brand names, logos, etc. used on this website are for identification purposes only and do not imply any form of endorsement.
16. Entire Agreement
16.1 These Terms and Conditions govern our relationship with you and supersede any and all preceding and contemporaneous agreements between you and BoutiQi Bags Limited. Any waiver of any provision of the Terms and Conditions will only be effective if in writing and signed by a Director of BoutiQi Bags Limited. You confirm that, in agreeing to accept the Terms and Conditions, you have not relied on any representation save insofar as the same has expressly been made a clause of these Terms and Conditions and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these Terms and Conditions.
The following definitions shall apply to these Terms & Conditions:
“EU” means the following European Union nation states: Austria, Belgium, Bulgaria, Croatia, Cyprus (excluding the UN buffer zone and the part of Cyprus to the north of the buffer zone where Republic of Cyprus does not exercise effective control but including the UK Sovereign bases of Akrotiri and Dhekelia), Czech Republic, Denmark (excluding the Faroe Islands and Greenland), Estonia, Finland (excluding the Åland Islands), France (excluding Martinique, French Guiana, Guadeloupe, Reunion, St Pierre and Miquelon), Germany (excluding the island of Heligoland, and Büsingen), Greece (excluding Mount Athos (also known as Agion Oros), Hungary, Ireland, Italy (excluding Campione d’Italia, the Italian Waters of Lake Lugano and Lvigno), Latvia, Lithuania, Luxembourg, Malta, Netherlands (excluding the Antilles), Poland, Portugal (including the Azores and Madeira), Romania, Slovakia, Slovenia, Spain (excluding the Canary Islands, Ceuta, and Melilla but including the Balearic Islands), Sweden and the UK (excluding the Channel Islands, Gibraltar but not including the Isle of Man).
“Non EU” means any other country not listed in the definition of EU above.
“Order” means an online transaction made by you via the Website for one or more Products, to which these Terms and Conditions apply.
“Personal Information” means the details you provide to us when you use the Website, such as your name, e-mail address, billing address, delivery address, telephone number, Product selections, credit card or other payment information and a password.
“Product” means a product displayed for sale on the Website.
“Product Description” means that part of the Website where certain terms and conditions in respect of the individual Product are provided which shall include, but not be limited to, all details, prices (cost of the Product and delivery charges), photographic representations and descriptions of a Product. It shall also include, where appropriate, specific delivery dates and times, warranties, after-sales service and guarantees about that Product.
“BoutiQi Bags Account” means your personal customer account set up by you on the Website.
“Terms and Conditions” means these terms and conditions.
“We”, “us” or “BoutiQi Bags” means BoutiQi Bags Limited, Please note, that when arranging delivery of your Order, BoutiQi Bags may instruct a third party courier or postal carrier to deliver it to you. However, BoutiQi Bags will ultimately be responsible for managing the delivery of your Order, so for the purposes of these Terms and Conditions, all references to “we”, “us”, or ”BoutiQi Bags“, will be taken to include such third parties.
“Website” means the website located at www.boutiqibags.com or any subsequent URL which may replace it.
“UK” means, for the purposes of these Terms and Conditions, England, Wales, Scotland and Northern Ireland.
“Users” means the users of the Website collectively.
“You” means a user of this Website.