| These are general terms and conditions of use ("General Terms") for www.davidsbridal.co.uk ("Site"). The Site is operated by David's Bridal UK Limited ("David's Bridal", "we", "us", or "our"). We are a limited company, registered in England. Our registered company number is 08036012 and our registered office is The Street, Westfield Stratford City, Montfichet Road, London E20 1EN. Your use of the Site is subject to the terms of a legal contract between you and David's Bridal. These General Terms explain how the legal contract between you and David's Bridal is made and sets out the terms of that contract. |
1. Agreement to Terms.
Unless we agree otherwise in writing, your contract with us always includes the General Terms. To the extent any area within the Site contains specific terms and conditions concerning its use ("Specific Terms"), your contract with David's Bridal will also include those Specific Terms. To the extent there is a direct conflict between the General Terms and the Specific Terms, the Specific Terms shall prevail. Together, the General Terms and Specific Terms, if any (collectively, the "Terms"), form the legal and binding contract between you and David's Bridal. Because the Terms are a legally binding contract, you should carefully read them before accessing or using the Site.
You may not use the Site if you do not accept the Terms. By clicking to accept or agree to the Terms or by using the Site, you agree to comply with the Terms and all applicable laws and regulations in connection with your use of the Site and your purchases on the Site. If you do not want to be bound by these Terms, please do not use the Site.
These Terms and the information provided on the Site do not modify or supersede the terms and conditions of your purchase of any product or service from David's Bridal except as specifically provided in these Terms.
3. Modification of Terms.
David's Bridal shall have right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including, but not limited to, posting the revised or additional terms and conditions at http://www.davidsbridal.co.uk/ or providing notice through the Site. You should check the Site periodically for any modification to these Terms. By using the Site after we post changes to these Terms, you agree to accept those changes, whether or not you actually reviewed them. No modification to these Terms by any party other than David's Bridal shall be enforceable against David's Bridal unless expressly agreed to by David's Bridal in writing.
These General Terms were last updated on May 7, 2013.
4. Discontinued Operation of the Site; Termination of Access.
We grant you a limited, non-transferable license to make personal use of the Site on one computer or mobile device in accordance with these Terms, and all applicable laws. This license does not include the right to resell or make any commercial use of the Site or any content available through the Site.
David's Bridal retains the right, without notice and at any time, to modify, suspend or discontinue the availability of all or any part of the Site, to charge a fee for parts of the Site that may have been previously provided at no charge or to discontinue any products or services offered through the Site. David's Bridal is not liable to you or to any third party for any modification, suspension or discontinuance of the Site.
David's Bridal may disable your ability to access your account (if you have one) or may terminate your right to access or use the Site or any portion thereof, without notice, at any time, and for any reason, including reasons such as conduct that we, in our sole discretion, believe is in breach of any applicable law or is harmful to the interests of another user, David's Bridal or its suppliers, vendors, and content providers (collectively, "Providers").
Your right to use the Site terminates automatically if you fail to comply with these Terms. No notice is required from us to effect such termination. Additionally, we may terminate these Terms at any time and for any reason and may give you notice of such termination by any means, such as e-mail, alert messages posted through the Site or otherwise generally publishing such termination. Upon termination, you must stop using the Site and remove all copies from your computer or mobile device. Rights and obligations under these Terms which by their nature should survive will survive and remain in effect after any termination or expiration of the Terms.
You must be at least 13 years old to use the Site, and, if you are under 18, you may use the Site only with the permission and involvement of a parent or guardian.
The Site and services included on the Site, each of their respective components, all content provided by or through the Site, together with the user interface, the compilation and arrangement of the Site, and the text, photographs, audio and video, graphics, logos, illustrations, descriptions, data, and other material available on or through the Site are referred to collectively as the "Content". David's Bridal may change, delete, or update any Content at any time and without prior notice.
Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by David's Bridal or its Providers. You may view and use the Content only for your personal use, namely, viewing Content on the Site, shopping and ordering products and services from David's Bridal through the Site, and for no other purpose. You may not use, reproduce, copy, modify, transmit, display, publish, sell, license, publicly perform, distribute or commercially exploit any of the Content, or use data mining, robots, or similar data gathering and extraction tools with the Site. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of David's Bridal or its Providers without our express, written consent. You may not use any meta tags or any other "hidden text" utilising our name or trademarks without our express, written consent. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in writing signed by David's Bridal, is strictly prohibited.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your intellectual property rights are being breached by any Content posted on or transmitted through the Site, or items advertised on the Site, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending Content. It is our policy to disable access to infringing materials, and to terminate access of repeat infringers to the Site. In order for us to investigate your claim of infringement, you must provide us with the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you believe has been infringed;
A description of where the material that you claim is infringing is located or identified on the Site; your name, address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
A statement by you that the information submitted to us is accurate and that you are the owner of the copyright or intellectual property or authorized to act on behalf of the owner of the copyright or intellectual property.
The above information should be provided to David's Bridal's agent for notice of claims of copyright or other intellectual property infringement, who can be reached as follows:
David's Bridal, Inc.
1001 Washington Street
Conshohocken, PA 19428
By phone: 610.943.5000
By e-mail: CopyrightAgent@DBI.com
7. Your Submissions.
You may not post on or transmit through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable content of any kind, including, but not limited to, any content that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise breach any applicable law. If we are notified that you have submitted or posted such content, then we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such content from the Site. We may disclose any such content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site or our business; or (iii) to protect the rights or property of David's Bridal, its Providers, you or other users of the Site.
You may upload to or otherwise submit to the Site only such content: (a) that is not subject to any copyright or other proprietary rights restrictions; (b) where you are not the owner, with respect to which the owner or licensor has given express authorisation for David's Bridal to distribute over the Internet; and (c) that does not contain any material that may damage, interfere with, intercept or expropriate any system, data or personal information. Any copyrighted or other proprietary content uploaded or submitted to the Site with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used with permission". You will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from an unauthorized submission or submission of any material prohibited by these Terms.
Except as otherwise expressly provided in these Terms, any content you transmit to the Site by e-mail or otherwise, including any photos, videos, stories, questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary and may be used by David's Bridal and its Providers, for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. By submitting any such content to the Site, you agree that you grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty- free and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or in part) and/or incorporate it is other works in any form, media or technology and you waive any moral rights you have in, or be identified as the author, or such content.
8. Linked Third Party Sites.
Links to websites operated by third parties available through the Site, including links to websites operated by Providers, do not constitute sponsorship, endorsement, or approval by David's Bridal of the content, policies, or practices of such websites. Linked websites are not operated, controlled, or maintained by David's Bridal, and David's Bridal is not responsible for the availability, content, security, policies or practices of such linked websites, including, without limitation, privacy policies, terms and conditions of use and practices. Links to other websites are provided for your convenience only, and you access them at your own risk.
9. Disclaimer and Limitation of Liability.
David's Bridal tries to keep the Site up, error-free, and safe, but David's Bridal does not guarantee that the Site or the Content will be safe or secure or that access to or use of the Site will be uninterrupted or free of errors or omissions or that defects will be corrected. David's Bridal does not warrant that the Site will operate error-free or that the Site and its servers are free of computer viruses or other harmful components. David's Bridal uses reasonable care and skill on providing the Site, but beyond that the Site and the Content are provided without any warranties of any kind. David's Bridal disclaims all other warranties, whether express or implied, including any warranty, condition or other terms of satisfactory quality, merchantability, fitness for particular purpose and non-infringement. David's Bridal makes no warranties about the accuracy, reliability, completeness, or timeliness of the Site or the Content.
Nothing in these Terms shall exclude or limit David's Bridal's liability to you: (i) for death or personal injury caused by our negligence; (ii) for fraud or fraudulent misrepresentation; (iii) or for any other liability that may not, under English law, be limited or excluded.
Subject to the above, in no event will David's Bridal, its Providers, or any of its or their respective directors, officers, employees, and agents, be liable to you in connection with the Site (including any products or services offered or purchased through the Site) or the Content (whether for breach of contract, negligence or any other reason) for: (i) any consequential, incidental or indirect damages; or (ii) loss of business profits, business interruption or loss of business information. Any liability we do have for losses you suffer is strictly limited to losses that were a direct and reasonably foreseeable result of our default.
You agree to defend, indemnify, and hold harmless David's Bridal, its affiliates and Providers, and our and their respective directors, officers, employees, and agents from and against reasonable costs incurred in defending or investigating a claim made against them arising out of a breach by you of these Terms relating to: (a) any content you submit to the Site; or (b) your use of any Content.
11. Registration; Customer Accounts; Use of the Site.
Certain services offered on or through the Site require you to first open an account. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by us or any other user of the Site due to someone else using your password or customer account. You may not use anyone else's password or customer account. You may not attempt to gain unauthorized access to the Site, and if you attempt to do so, or assist others in making such attempts, then we may terminate your account. You agree to provide us with accurate information about yourself as prompted by the registration process, and update that information to keep it current.
You may not use any automatic device, program, or technology, or any equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionate load on the infrastructure of the Site.
12. Product Availability; Information.
Products are currently not available for purchase on the Site. As and when products are available for purchase on the Site, the following section will apply, together with any other terms and conditions of purchase that are applicable at the time.
All in-store sales are final. Please see our On-line Returns and Exchanges Policy on the Site in relation to purchases made on the Site .
Product availability through the Site is not guaranteed as certain products may be low in stock or discontinued. If products are not available by the time your order processes, we will notify you of this via e-mail. You can always verify availability with our customer service representatives by sending an e-mail to us at email@example.com.
Products displayed on the Site may be available in selected David's Bridal stores in the United Kingdom, but may not be available in your area. The prices displayed on the Site are quoted in pounds sterling, unless otherwise indicated and are subject to change. We have tried to accurately display the colors of products, but the actual colors you see will depend on your monitor and may not be accurate. In addition, product specific Content may contain errors or omissions or may be out of date. Product specific Content is provided for informational purposes only and is not binding on David's Bridal in any way except to the extent it is specifically indicated to be so.
Advertisements from David's Bridal, Providers or other third parties may, from time to time, appear on the Site. The revenue from advertisements allows David's Bridal to provide you with Content and parts of the Site without charge to you. The advertisements may be targeted to the information stored in the Site, your search requests, or other information. In exchange for your license to access and use the Site, you agree that advertising is, and will continue to be, a part of the Site. We have no control over, and we are not responsible or liable for, such third party advertising.
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by David's Bridal of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severed from the Terms and will not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms. You may not assign your rights or delegate your duties under these Terms.
David's Bridal and its Providers shall not be liable for any nonperformance or delay in performance caused by any unforeseen act or event beyond their control. Each of our affiliates and each Provider is a third party beneficiary of, and will have the right to enforce, the Terms against you.
Your use of the Site will be deemed to be your consent to receive electronic communications from us, whether addressed to the e-mail address associated with your account or posted at the Site. You acknowledge and agree that any communication by e-mail or by posting on the Site satisfies any legal requirement that such communications be made in writing.
You may not ship, transfer, export into any country, or use in any manner prohibited by any applicable law, any software that may be downloaded from the Site. In addition, if any product or service offered on the Site is identified as an export controlled item under applicable law, you represent to us that you are not a national of, resident in or otherwise located within, an embargoed nation, and that you are not otherwise prohibited under applicable law from visiting or using the Site.
These Terms, and any disputes of any kind between you and David's Bridal or its Providers, shall be governed by, construed and resolved in accordance with the laws of the England. Sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, the Terms, use of the Site, or any orders placed or products purchased through the Site, shall be in the courts of England.
Please submit any questions you have about these Terms or any problems concerning the Site by email to firstname.lastname@example.org or write to us at:
The Street, Westfield Stratford City, Montfichet Road, London E20 1EN
Effective Date of General Terms: May 7, 2013.
© 2013 David's Bridal UK Limited. All Rights Reserved.