Terms & Conditions

TERMS OF USE

Please read these terms and conditions carefully as they contain the legal terms and conditions that you agree to on each occasion when you use the www.decorexi.co.uk website (the "Website") and to any correspondence by e-mail between us. Please read these terms carefully before using this Website. These terms of use are issued by Decorexi Ltd ("Decorexi").

1. Introduction

1.1 You may access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.

1.2 By accessing any part of this Website, you shall be deemed to have accepted terms of use in full. If you do not accept these terms of use in full, you must leave this Website immediately.

1.3 Decorexi may revise these terms of use at any time by updating this posting. You should check this Website from time to time to review the then current terms of use, because they are binding on you. Certain provisions of these terms of use may be superseded by expressly designated legal notices or terms located on particular pages at this Website.

2. Licence

2.1 You are permitted to print and download extracts from this Website for your own use on the following basis:

(a) you may not modify any documents or related graphics on this Website nor incorporate any of them or extracts from them in any other material; and

(b) that copyright and trade mark notices relating to the rights of Decorexi and its licensors must appear in all copies.

2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by Decorexi or its licensors. For the purposes of these terms of use, any use of extracts from this Website other than in accordance with clause 2.1 above for any purpose is prohibited. If you breach any of the terms in these terms of use, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

2.3 No part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Decorexi's prior written permission.

2.4 Any rights not expressly granted in these terms are reserved by Decorexi.

2.5 The goods depicted on the Website are protected by copyright, design rights and other intellectual property rights belonging to Decorexi and its licensors. You are not permitted to manufacture a three-dimensional version of any of the goods depicted on the Website or otherwise infringe Decorexi's rights pertaining to the goods. If Decorexi becomes aware that you have infringed Decorexi's intellectual property rights, Decorexi will take legal action against you in order to protect its rights.

3. Service Access

3.1 While Decorexi endeavours to ensure that this Website is normally available 24 hours a day to all permitted users, including disabled users, Decorexi shall not be liable if for any reason this Website is unavailable at any time or for any period.

3.2 In particular, access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Decorexi's control.

4. Visitor Material and Conduct

4.1 Other than personally identifiable information, which is covered under the privacy policy, any material you transmit or post to this Website shall be considered non-confidential and non-proprietary. Decorexi shall have no obligations with respect to such material. Decorexi and its designees shall be free to copy, disclose, distribute, incorporate, amend and otherwise use (and allow others to deal in the same way) such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

4.2 You are prohibited from posting or transmitting to or from this Website any material:

(a) that is illegal, threatening, defamatory, offensive, discriminatory, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or

(b) for which you have not obtained all necessary licences and/or approvals; or

(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law or infringe the rights of any third party, in the UK or any other country in the world;

(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, high volumes of data or data requests, corrupted data or other malicious software or harmful data); or

(e) which in any way might reasonably be expected to harm the reputation of Decorexi and/or any products or services offered by it.

4.3 You may not misuse the Website (including, without limitation, by hacking).

4.4 Decorexi shall fully co-operate with any law enforcement authorities or court order requesting or directing Decorexi to disclose the identity or locate anyone posting any material in breach of clause 4.2 or clause 4.3, and you agree to this.

4.5 You shall fully indemnify Decorexi for any loss or damage suffered by Decorexi or any of its group companies for breach of clauses 4.2 and 4.3.

5. Links To and From Other Websites

5.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. Decorexi does not control and is not responsible for these websites or their content or availability. Decorexi therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

5.2 If you would like to link to this Website, you may only do so on first obtaining Decorexi's prior written consent, which we may withdraw at any time. Links may only be made to the home page of this Website, which you must not replicate. Your permission to link will be subject to the following conditions in particular (which are without limitation to the other obligations in these terms of use:

(a) you must not remove, distort or otherwise alter the size or appearance of Decorexi's logo;

(b) you must not create a frame or any other browser or border environment around this Website;

(d) you must not misrepresent your relationship with Decorexi nor present any other false information about Decorexi;

(e) you must not otherwise use any Decorexi trade marks and logos displayed on this Website without express written permission from Decorexi;

(f) you must not link from a website that is not operated by you; and

(g) your website must not contain content that is distasteful, defamatory, illegal, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

5.3 You shall fully indemnify Decorexi for any loss or damage suffered by Decorexi or any of its group companies for breach of clause 5.2.

6. Registration

6.1 Each registration is for a single user only. Decorexi does not permit you to share your user name and password with any other person nor with multiple users on a network.

6.2 Responsibility for the security of any passwords issued rests with you. If you become aware that your password has been compromised, you must inform Decorexi immediately.

7. Disclaimer

7.1 (a) While Decorexi endeavours to ensure that the information on this Website is correct, Decorexi does not warrant the accuracy and completeness of the material on this Website.

(b) The material on this Website may be out of date, and Decorexi makes no commitment to update such material.

(c) Decorexi may make changes to the material on this Website, or to the products and prices described in it, at any time without notice.

7.2 The material on this Website is provided as is without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Decorexi provides you with this Website on the basis that Decorexi excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms of use might have effect in relation to this Website.

8. Liability

8.1 Decorexi and any of Decorexi's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility:

(a) for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way; or

(b) in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.

8.2 Nothing in these terms of use shall exclude or limit Decorexi's liability for:

(a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or

(b) fraud; or

(d) any liability which cannot be excluded or limited under applicable law.

8.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you shall assume all costs thereof.

9. Governing Law and Jurisdiction

These terms of use shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms of use shall be subject to the exclusive jurisdiction of the English courts.

TERMS AND CONDITIONS FOR THE SALE OF GOODS

1. The contract between us

1.1 These are the terms and conditions which apply to all purchases of goods by you from Decorexi via the www.decorexi.co.uk website (the "Website"). Please read these terms and conditions carefully before making any purchases. When you send an order to Decorexi, you agree to be bound by these terms and conditions.

1.2 Decorexi must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by Decorexi, we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. There will be a legally binding contract between us when Decorexi accepts your order by despatching the goods. Decorexi will send you an email to inform you that your goods have been despatched. If Decorexi is unable to accept your order for any reason, we will inform you by sending you an email, and will refund your payment as soon as possible but in any event within 30 days of our receipt of your order.

2. Price

2.1 The prices payable for goods that you order shall be as set out in our Website (www.decorexi.co.uk) on the date of your order. Orders for goods which have been incorrectly priced due to an error may be subject to cancellation. If Decorexi cancels your order, we will notify you by email and will refund you as soon as possible but in any event within 30 days of our receipt of your order. Decorexi will not be obliged to offer any additional compensation for any loss, disappointment or inconvenience caused.

2.2 The price of goods does not include charges for delivery and it might not be possible for Decorexi to deliver to some locations. Our delivery charges are set out in our Website.

3. Description of goods

3.1 Every care has been taken to describe and portray items accurately using current technology; however variations in the colour, weight and dimension of actual goods may occur.

4. Right for you to cancel your contract

4.1 You may cancel your contract with Decorexi for the goods you order at any time up to the end of the seventh working day from the day after you receive the ordered goods. You do not need to give Decorexi any reason for cancelling your contract nor will you have to pay any penalty. To cancel your contract, please send an email to sales@decorexi.co.uk quoting your name, address and order number.

4.2 You cannot cancel your contract if the goods you have ordered have been made to order, or have been customised for you. In the case of earrings for pierced ears, Decorexi cannot accept returns for hygiene reasons once the packaging has been opened, unless the product is faulty.

4.3 If you cancel your contract but Decorexi has already dispatched the goods, you must not unpack the goods when you receive them and you must send the goods back to us at our contact address at your own cost and risk within seven working days from the date you receive the goods. Decorexi can advise on suitable methods of return. We recommend that you insure the package for its full value. If goods have been opened, then Decorexi reserves the right to charge 20% of the value of the goods which will be deducted from your refund amount.

4.4 If you cancel your contract after receiving the goods, you should return the goods to us unused and in their original condition and packaging at your own cost and risk within seven working days from the date you receive the goods. Decorexi can advise on suitable methods of return. We recommend that you insure the package for its full value.

5. Returned goods

5.1 Returned goods must be received by Decorexi within 28 days of delivery of the goods to you. Once Decorexi has received the goods back from you in the condition they were in when they were delivered to you, we will refund you as soon as possible and in any event within 30 days of our acceptance of your order. Delivery costs will not be refunded if the goods have been delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, Decorexi shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you. Refunds will be credited to the payment card account.

5.2 If the goods Decorexi delivers are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, you should notify us of the problem within 10 working days of the delivery of the goods by emailing to sales@decorexi.co.uk or telephoning 020 7354 2112. Goods must not be installed before checking for any defects. If any defects are found, you must notify Decorexi immediately. If we do not receive such notification from you within 10 days of your receipt of the goods, we shall presume that the goods meet your requirements. Decorexi will not be liable for any de-installation costs where goods have not been checked for physical defaults prior to installation by yourself or a third party.

5.3 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, then you should notify us of the problem within 40 days of the date on which you ordered the goods by emailing to sales@decorexi.co.uk or telephoning 020 7354 2112. If we do not receive such notification from you within 40 days of the date of your order, we shall presume that the goods have been received by you and meet your requirements.

5.4 If you notify a problem to us under this clause 5, Decorexi's only obligation will be, at your option:

5.4.1 to make good any shortage or non-delivery;

5.4.2 to replace (where suitable replacement goods are available) or repair any goods that are damaged or defective; or

5.4.3 to refund to you the amount paid by you for the goods by crediting the payment card account.

6. Delivery of goods to you

6.1 Decorexi will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.

6.2 Decorexi will arrange for delivery to be made within a reasonable time of your order being received by us and in any event within 30 days of our receipt of your order.

6.3 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and Decorexi will not be liable for their loss or destruction.

7. Liability

7.1 To the extent permitted by law, Decorexi will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under clause 5 and Decorexi shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 5.4.3 above.

7.2 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. You are responsible for the payment of any customs duties or charges. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

7.3 Nothing in these terms and conditions is intended to limit or exclude any statutory rights that may not be excluded by law nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence or fraud.

8. Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to Decorexi must be in writing and sent to our contact address at 58 Chiswick High Road, London, W4 1SY and all notices from Decorexi to you will be emailed to you or displayed on our Website from to time.

9. Events beyond our control

Decorexi shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

10. Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

11. Privacy

You acknowledge and agree to be bound by the terms of our privacy policy.

12. Third party rights

A person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

13. Governing law

The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction to resolve any disputes between us.

14. Entire agreement

These terms and conditions, together with the prices currently displayed on our Website, delivery details, contact details and privacy policy set out the whole of our agreement relating to the supply of the goods to you by Decorexi. Nothing said by any company representative on Decorexi's behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save as a result of fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.