A) Our terms
1. These terms
1. 1 What these terms cover. These are the terms and conditions on which we supply Services to you and allow use of our Platforms.
1.2 Why you should read them. These terms tell you who we are, how we will provide our service to you, how you and we may change or end the contract, what to do if there is a problem, how you may use and access our Platforms and other important information. If you think that there is a mistake in these terms, please contact us to discuss. By using any of our Platforms you are agreeing to these terms. If you do not agree to these terms, you must not use our Platforms or engage our Services.
1.4 Definitions Throughout these terms the following words shall have the following meanings:
(a) Good(s) shall mean the products we purchase on your behalf;
(b) Platform shall mean any platform we provide in relation to the Services, including the mobile application ‘My Style Wish’ software downloaded from an app store and our website found at www.mystylewish.com maintained by My Style Wish Ltd, its subdomains and any associated social networking profiles that we may publish from time to time;
(c) Services shall mean the services we provide through the Platform, including the sourcing and purchasing of Goods as instructed by you;
(d) Store(s) shall mean the retailers or other providers from whom we purchase the Goods from on your behalf; and
(e) Stylist shall mean a person engaged by us to carry out the Services.
2. Information about us and how to contact us
2.1 Who we are. We are My Style Wish Limited a company registered in England and Wales. Our company registration number is 09740271 and our registered office is at 20-22 Wenlock Road, London, England, N1 7GU.
2.2 How to contact us. You can contact us by writing to us at firstname.lastname@example.org.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address you provided to us during your order or when you create an account on our Platform.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails and our in-app messaging service.
3.1 Unless otherwise agreed, the service we provide to you is to source Goods and purchase the Goods on your behalf.
3.2 We do not provide a retail service for the provision of goods but a service to source and purchase the Goods on your behalf. We are not a retailer and are not offering Goods for sale.
3.3 Our order system works as follows:
(a) A Stylist shall discuss with you the Goods you wish to purchase via our Platform;
(b) Based on your discussion the Stylist (or suitable alternative) shall attempt to source the Goods discussed;
(c) If a Stylist is able to source the Goods, the Stylist shall notify you;
(d) Should you wish to purchase the Goods you may make an order for us to purchase the Goods by paying to us the purchase price of the Goods, the delivery costs of the Goods, our commission and any other reasonable costs;
(e) Once payment is received in full, the Stylist shall purchase the Goods and arrange for delivery to you, provided that the Goods are still available from the relevant Store. If the Stylist is not able to purchase the Goods, we shall notify you by email or via our Platform.
3.4 If there is any increase in the purchase price of the Goods or delivery costs, we may request that the additional sum is paid to us prior to making the purchase and arranging for delivering the Goods to you.
3.5 We shall carry out the Services with all reasonable skill and care. While we will use our best efforts to locate a particular product for you, we make no guarantee that we will be able to do so.
3.6 We reserve the right to refuse our Services to any person in our sole discretion.
3.7 The App allows you to check your order and correct any errors before completing a purchase. Please take the time to read and check your order at each page of the order process as you are responsible for ensuring that the information you provide is accurate (for example, the correct products, quantities, size, colour, etc.).
4. Purchase Of The Goods
4.1 You own the Goods once we have purchased them from the relevant Store. The Goods will be your responsibility from the time we purchase the Goods.
4.2 To the extent that any consumer contract arises between us (or one of our representatives) and a Store, the benefit and obligations of any such contract shall be assigned to you with immediate effect as if you were the original party to the contract. Without limitation, you shall have the benefit of any consumer rights which arise as a result of us purchasing the Goods.
4.3 If you wish to make a change to the Services you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Goods or Services, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (as outlined below).
5.1 The costs of delivery will be notified to you prior to us purchasing the Goods.
5.2 We will deliver the Goods to you as soon as reasonably possible and will contact you with an estimated delivery date, which will be within 30 days after the day on which we accept your order, unless otherwise agreed. The estimated delivery date of the products will be stated in your order confirmation email. If you do not receive an estimated delivery date from us, we will deliver the order within 30 days after the date of dispatch.
5.3 You shall be responsible for and arrange payment of any taxes, customs, import or other equivalent payments due.
5.4 We shall take all due skill and care to ensure that the Goods are properly packaged and are not damaged during delivery.
5.5 We are not responsible for delays outside our control including any natural disaster, war, strikes, government action or terrorist activity. If purchase or delivery to you of the Goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take reasonable steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for the Service you have paid for, subject to the relevant Store’s returns policy, the Goods we have purchased on your behalf.
6. Exchanges And Refunds Of Goods
6.1 In the event that the Stylist is not able to purchase the Goods on your behalf, we shall refund any payments made to us in full;
As we are not the retailer you have purchased the Goods from, if for any reason you would like to return or exchange the Goods, your right to do so shall be subject to the relevant Store’s returns policy. We shall not be required to return or refund any payment to you where the Store is does not offer a return or refund. For those stores that are able to exchange/refund,you have to make sure that all the Items must be returned unworn, undamaged and unused, with all tags attached and the original packaging included; Please contact your stylist trhough the app and they will let you know the steps by steps for arrange the collection of the itens to send it back to us/or to the store/retailers.
6.2 Please contact us in the first instance if you have any issues with your Goods and we would be happy to provide our reasonable assistance to resolve the issue.
These terms do not affect your statutory rights.
7. Price, payment And Commission
7.1 We will notify you of the purchase price of the Goods, the commission for the Services we are providing, the cost of delivery and any other charges prior to accepting your order. We take all reasonable care to ensure that the prices advised to you are correct. However please see clause 7.2 for what happens if we discover an error in the price of the product you order.
7.2 The rate of our commission shall be agreed with you in writing within your basket prior to confirming your order but usually varies from 10 to 20% of the full price of each item.
7.3 The commission payable shall be inclusive of VAT.
7.4 The commission shall be payable in pounds sterling. You shall be responsible for any bank, international charges or exchange rate fluctuations relating to payment of our commission, the price of the Goods and delivery charges.
7.5 It is possible that, despite our best efforts, we have incorrectly advised the price of the Goods, the commission for our Services or the cost of delivery. If the correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Goods provided to you.
7.6 We accept payment via PayPal. You must pay for the Goods, Services, delivery costs and any other reasonable costs before we provide the Service.
8. Cancelling our services and Your Right to End the contract with us
8.1 You have 14 days after the day we confirm we accept your order to cancel the Services. However, once we have completed the Services (i.e. purchased the Goods on your behalf) you cannot change your mind, even if the 14 day period is still running.
8.2 If you cancel after we have started the Services, you must pay us for the Services provided up until the time you tell us that you have changed your mind. Please note that our fees are not refundable once you made an purchase
8.3 A contract for services is completed when we have purchased the Goods on your behalf and you have paid for them and our Services and any other applicable expenses. If you want to end a contract before it is completed where we are not at fault and you have changed your mind, just contact us to let us know.
8.4 The contract will end immediately and we will refund any sums paid by you for Services and Goods not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.
8.5 To end the contract with us, please email us at email@example.com or contact us via our in-app messaging services. Please provide your name, details of the order and, where available, your phone number and email address.
8.6 We will refund you the price you paid for the Goods and Services including delivery costs, by the method you used for payment. However, we may make deductions from the price to cover our expenses including the purchase price of the Goods if already incurred.
8.7 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind. We will be entitled to deduct a reasonable amount in respect of our Services already carried out and any expenses incurred.
9. Our right to end the contract
9.1 We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your measurements or size; or
(c) you do not, within a reasonable time, allow us to deliver the Goods to you or collect them from us or the delivery service provider we have engaged.
9.2 If we end the contract in the situations set out in clause 8.1 we will refund any money you have paid in advance for the Services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10. Our responsibility for loss or damage suffered by you
10.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
10.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive services which are carried out with reasonable skill and care.
10.3 We only supply the Services for domestic and private use. If you use our Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.4 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Platform or any content on it, whether express or implied.
10.5 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
* (a) use of, or inability to use, our Platform; or
* (b) use of or reliance on any content displayed on our Platform.
10.6 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Platform or to your downloading of any content on it, or on any website linked to it. You are responsible for configuring your information technology, computer programmes and platform in order to access our Platform and should use your own virus protection software
10.7 We assume no responsibility for the content of third party websites or content linked on our Platform. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
11. Our Platform
11.1 Our Platform is made available free of charge.
11.2 We do not guarantee that our Platform, or any content on it, will always be available or be uninterrupted. Access to our Platform is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Platform without notice. We will not be liable to you if for any reason our Platform is unavailable at any time or for any period.
11.3 Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our Platform is accurate, complete or up-to-date.
11.4 You are responsible for making all arrangements necessary for you to have access to our Platform.
11.6 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
11.8 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
11.9 You must not misuse our Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Platform, the server on which our Platform is stored or any server, computer or database connected to our Platform. You must not attack our Platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Platform will cease immediately.
12. Intellectual Property Rights
12.1 We are the owner or the licensee of all intellectual property rights in our Platform, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
12.2 You may print off one copy, and may download extracts, of any page(s) from our Platform for your personal use and you may draw the attention of others within your organisation to content posted on our Platform.
12.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
12.4 Our status (and that of any identified contributors) as the authors of content on our Platform must always be acknowledged.
12.5 You must not use any part of the content on our Platform for commercial purposes without obtaining a licence to do so from us or our licensors.
12.6 If you print off, copy or download any part of our Platform in breach of these terms and conditions, your right to use our Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
12.7 Any content you upload to our Platform will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties.
12.8 You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
13. How we may use your personal information
13.1 We will use the personal information you provide to us:
(a) to supply the Services to you;
(b) to process your payment for the Services; and
(c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
13.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
14. Other important terms
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for Services not provided.
14.2 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
14.5 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
My Style Wish Limited ("We") are committed to protecting and respecting your privacy.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is My Style Wish Limited of 20-22, Wenlock Road, London, England, N1 7GU.
Information we may collect from you
We may collect and process the following data about you:
- Information you give us. You may give us information about you by filling in forms on our Platforms or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use our Platform, subscribe to our service, participate in discussion boards or other social media functions on our Platform and when you report a problem with our Platform. The information you give us may include your name, address, e-mail address and phone number, personal description and photograph. We do not store your financial information including credit card information.
- Information we collect about you. With regard to each of your visits to our Platform we may automatically collect the following information:
- technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
- information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our Platform (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
- Information we receive from other sources. We may receive information about you if you use any of the other websites we operate or the other services we provide. We are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.
Uses made of the information
We use information held about you in the following ways:
- Information you give to us. We will use this information:
- to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
- to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
- to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data (the registration form);
- to notify you about changes to our service;
- to ensure that content from our Platform is presented in the most effective manner for you and for your computer.
- Information we collect about you. We will use this information:
- to administer our Platform and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
- to improve our Platform to ensure that content is presented in the most effective manner for you and for your computer;
- to allow you to participate in interactive features of our service, when you choose to do so;
- as part of our efforts to keep our Platform safe and secure;
- to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
- to make suggestions and recommendations to you and other users of our Platform about goods or services that may interest you or them.
Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. We may us this information and the combined information for the purposes set out above (depending on the types of information we receive).
Disclosure of your information
We may share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may share your information with selected third parties including:
- Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you.
- Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.
- Analytics and search engine providers that assist us in the improvement and optimisation of our Platform.
- We may disclose your personal information to third parties:
- In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
- If My Style Wish Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
Where we store your personal data
Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Platform; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at email@example.com.
Our Platform may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Access to information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.