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These General Terms and Conditions of Use ("Terms") are entered into by and between you and Maggy London International, Ltd. ("Maggy London"). By using this Internet website (the Site") and intending to be legally bound, you and Maggy London hereby agree that your access to and use of the Site is subject to these Terms, as well as any modifications issued by Maggy London to these Terms, and all applicable laws and regulations. BY USING THIS SITE, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you do not want to be bound by these Terms, do not use the Site. Among other things, Maggy London provides information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided by Maggy London in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within the Site contains specific terms and conditions concerning its use ("Specific Terms"), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall govern.
Maggy London shall have the 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 on the Site. You are responsible for reviewing the Terms periodically for any modification that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by Maggy London to these Terms. ANY ACCESS OR USE OF THIS WEBSITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR ACCEPTANCE OF SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than Maggy London shall be valid or enforceable against Maggy London unless expressly agreed to by Maggy London in a writing signed by a duly authorized officer of Maggy London.
You agree to comply with all applicable local, state, federal and international laws, statutes, ordinances and regulations (including minimum age requirements) regarding your use of the Site and your purchase of items from Maggy London (if applicable) on the Site.
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that Maggy London may have at law or in equity, if Maggy London reasonably determines that you have violated or are likely to violate the foregoing prohibitions, Maggy London may take any action Maggy London reasonably deems necessary to cure or prevent the violation, including without limitation, the immediate removal from this Site of the related materials. Maggy London will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing Maggy London to disclose the identity of anyone posting such materials.
All design and content featured on the Site, including the text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material, as well as the selection, assembly and arrangement thereof, are referred to collectively as the "Content", and constitute copyrights, trademarks, trade dress, and/or intellectual property that are owned, controlled, or licensed by Maggy London. This Site in its entirety is protected by copyright and applicable trade dress. The Content may contain errors, omissions, or typographical errors or may be out of date. Maggy London may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Maggy London in any way except to the extent it is specifically indicated to be so. You may view and use the Content only for your personal, noncommercial use, and for shopping and ordering on the Site, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, Maggy London does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Site, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms, or as otherwise expressly permitted in the Content or in writing signed by Maggy London, is strictly prohibited.
Links to other Internet websites operated by third parties, including Maggy London vendors, do not constitute sponsorship, endorsement, or approval by Maggy London of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Maggy London, and Maggy London is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
Creating or maintaining any link from another website to any page on this Site without Maggy London's prior written permission is prohibited. Running or displaying this Site or any material displayed on this Site in frames or through similar means on another website without Maggy London's prior written permission is prohibited. Any permitted links to this Site must comply will all applicable laws, rule and regulations.
All prices displayed on the Site are quoted in U.S. dollars. Maggy London may restrict delivery to addresses within the United States and Canada. Maggy London will add shipping and handling fees and applicable sales/use tax as necessary. Maggy London reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on the Site without incurring any obligation to you. Products displayed on the Site are available while supplies last. The receipt by you of an order confirmation does not constitute Maggy London's acceptance of an order. Prior to Maggy London's acceptance of an order, verification of information may be required. Maggy London reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Maggy London, for any reason. If Maggy London rejects your order, Maggy London will attempt to notify you using the email address that you have given with the order. Maggy London reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification. In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, Maggy London shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Maggy London shall promptly issue a credit to your credit card account in the amount of the incorrect price.
Gift certificates can only be redeemed via purchases made on this Site, and are not redeemable for cash. Any unused balance will be placed in the recipient's gift certificate account and is not transferable. If your order exceeds the amount of your gift certificate, you must pay for the balance with a credit card. Maggy London is not responsible for lost or stolen gift certificates. Maggy London makes no warranties, express or implied, with respect to gift certificates, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. In the event a gift certificate code is non-functional, your sole remedy, and Maggy London's sole liability, shall be the replacement of such gift certificate.
MAGGY LONDON MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, INFORMATION AND MATERIALS. MAGGY LONDON ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SITE OR ANY LINKED WEBSITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT MAGGY LONDON OR ANY LINKED WEBSITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT AND MATERIALS ON THIS SITE ARE PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE SITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL MAGGY LONDON, ITS SUBSIDIARIES AND AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE SITE, EVEN IF MAGGY LONDON IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MAGGY LONDON'S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
You agree to defend, indemnify, and hold harmless Maggy London, its subsidiaries and affiliates, Maggy London's vendors, and each of their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs), arising out of or relating to (i) your violation of these Terms, (ii) any allegation that any information on material submitted by you violates any intellectual property rights of any third party, or (iii) your use of the content or services available on the Site in any unauthorized manner.
Maggy London reserves the right to immediately terminate this agreement and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Maggy London shall have no liability for termination of this agreement. Upon termination of this agreement, your right to use the Site shall immediately cease. You are personally liable for any orders that you place or charges that you incur prior to termination.
This agreement is governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of laws principles. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date the cause of action arises. Any claim or dispute arising out of or relating to these Terms, including but not limited to the Site, shall be subject to the exclusive jurisdiction of the state and/or federal courts located in New York County, in the state of New York, and you hereby consent and submit to the personal jurisdiction of such courts. You may not use or export or re-export the materials at the Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation United States export laws and regulations. If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, such offending provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
If any provision of these Terms shall be found to be unenforceable, the other provisions shall still remain in full force and effect. A printed version of these Terms shall be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.