Please read these Terms & Conditions (“Terms”, “Terms & Conditions”) carefully before using the https://www.darcymarkslondon.com/ website (the “Service”) operated by Darcy Marks London® (“us”, “we”, or “our”).
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access or use the Service.
1. General
The Service allows you to browse and purchase Darcy Marks London® brand handbags, accessories, clothing, and related products. You must be at least 18 years or older to use the Service. By using the Service, you represent and warrant that:
- You are at least 18 years old.
- All registration information you submit is truthful and accurate.
- You will maintain the accuracy of such information.
- Your use of the Service does not violate any applicable law or regulation.
Your profile and account are personal to you and may not be shared with others. You are responsible for maintaining the confidentiality of your username and password and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account.
2. Use of the Service
Darcy Marks London® hereby grants you permission to use the Service as set forth in these Terms, provided that you agree to and comply with these Terms.
You may use the Service solely for lawful purposes and in accordance with these Terms. You agree not to:
- Access or use the Service for any unlawful purpose.
- Use the Service in any way that violates applicable federal, state, local or international law.
- Access or use the Service for the purpose of exploiting, harming or attempting to exploit or harm minors.
- Transmit any viruses, worms, defects, Trojan horses, malware or any items of a destructive nature.
- Use the Service to transmit spam, junk mail, chain letters, pyramid schemes or any unsolicited mass distribution of email.
- Impersonate another person or entity.
- Forge headers, identifiers or other data in order to disguise the origin of any content transmitted through the Service.
- Access or use the Service in order to design, develop, test, update or operate products or services competing with Darcy Marks London®.
- Provide material support or resources to organizations designated as terrorists.
- Disparage, tarnish, or otherwise harm the reputation of Darcy Marks London®.
Any use in violation of the foregoing constitutes a material breach of these Terms and may result in the immediate revocation of your right to use the Service.
3. Product Information
Darcy Marks London® attempts to be as accurate as possible when displaying product images, descriptions, and pricing. However, we do not warrant that such information is error-free. Certain items may be discontinued or unavailable at any time. Prices and availability are subject to change without notice.
We reserve the right to correct, prior to shipping, any errors or inaccuracies in pricing or description. If we are unable to process or ship your order due to errors like these or availability issues, we will notify you and cancel or refund your order as appropriate. Beyond what is reasonably necessary to process and ship your orders, we will not be liable for such errors or availability issues.
All weights, sizes, fabrications, and other product specifications provided on the Service are approximate values and are for reference only. We are not liable for any variations from stated product information. Sizing charts, fit descriptions, fabric guides, care instructions, and other product guidelines are offered only as general recommendations. Individual products may fit differently depending on body shape, fabric behavior, manufacturer construction, and other factors.
Product images should be considered illustrative only. The actual product you receive may vary somewhat due to individual product variations and photography lighting environments. We cannot guarantee that your monitor’s color display accurately reflects product colors.
4. Use of Website Content
The content on the Service, including without limitation text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and trademarks, service marks and logos is owned by or licensed to Darcy Marks London®. Subject to your compliance with these Terms, Darcy Marks London® grants you a limited, revocable, non-exclusive, non-transferable license to access, view and use the Service and its content for your personal, non-commercial purposes.
You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, scrape, incorporate into advertisements, sell, or in any way exploit any of the Service content, in whole or in part. Other than as expressly permitted under copyright law, you are strictly prohibited from reproducing, republishing, distributing, publicly displaying, modifying, translating or making derivative works based on Service content, in any form or medium, without the express prior written consent of Darcy Marks London®.
5. User Content
If you submit, post, upload or otherwise make available any text, images, audio, video or other content as part of using the Service (“User Content”), you agree that such User Content is non-confidential and may be disseminated or used by Darcy Marks London® or other users. By providing User Content, you automatically grant (or warrant that the owner of such rights has expressly granted) Darcy Marks London® a perpetual, royalty-free, irrevocable, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works from such User Content in whole or in part, in any format or medium now known or hereafter developed.
You represent and warrant that you own or have the necessary rights and permissions to use and authorize the use of your User Content as described above without violating the rights of any third party. Darcy Marks London® takes no responsibility for and assumes no liability for any User Content submitted by you or any third party. You understand and agree that any loss or damage resulting from use of Service content or User Content is solely your responsibility.
By submitting User Content, you also grant users of the Service a non-exclusive license to access and use that User Content as permitted through normal Service operation. You grant Darcy Marks London® the right, in our sole discretion, to refuse or remove any User Content.
6. Payments
You are responsible for all fees, taxes, and delivery costs associated with your use of the Service. We attempt to provide accurate price and delivery cost information, but we cannot be responsible for Web site or Service interruptions that may prevent such information from being updated in a timely manner. We reserve the right to change information regarding products, prices, promotions, and delivery at any time without notice.
In-stock products will ship according to the selected shipping speed. Backordered items may ship separately. You will only be charged for items at the time of shipment. For security reasons, we only ship to the address registered with the payment method used at checkout. We are unable to ship to P.O. boxes.
7. Refunds/Returns Policy
If you are unsatisfied with a product for any reason, you may return most unworn/unused items within 30 days of receiving your order for a full refund. Items must be returned in original condition with tags still attached. We will reimburse the cost of standard shipping; expedited shipping fees will not be refunded.
Customers are responsible for all return shipping costs unless the return is due to our error or the item arrives damaged or defective. In such cases, contact us to arrange a prepaid return label. Sale items, personalized/custom products, and special order items are final sale and cannot be returned or exchanged unless defective.
To receive a refund, items must be returned in sellable condition. All included accessories, care cards, hang tags, and other attachments should be included. We reserve the right to refuse refunds for items that are returned worn, soiled, damaged, or missing parts.
8. Shipping/Delivery
We will make reasonable efforts to ship your order according to the estimated times provided during checkout, but cannot guarantee when your order will ship or arrive. Shipping dates are estimates only and commence from the date of order confirmation. We are not liable for any delays in shipping.
For security reasons, products can only be shipped to the registered payment method address provided during checkout. We are unable to ship to P.O. boxes. If an alternate address is required, please contact us prior to completing your purchase.
Risk of loss and title to products pass to you upon our delivery to the carrier. Shipping carriers may impose their own liability policies and procedures. We are not liable for any loss, damage, delay, mis-delivery, non-delivery, misinformation, or failure to provide updates by the shipping carrier.
9. Links to Third Party Websites/Apps
The Service may provide, links to other websites and apps that are not operated or controlled by Darcy Marks London®, including social media services (“Third Party Websites”). We are not responsible for the content, advertising, privacy policies, or practices of any Third Party Websites. Linking to Third Party Websites does not constitute endorsement by, sponsorship by, or affiliation with Darcy Marks London®. Reliance on any information presented by Third Party Websites is solely at your own risk.
10. Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DARCY MARKS LONDON® EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE.
DARCY MARKS LONDON® MAKES NO WARRANTY THAT THE SERVICE OR CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, THAT ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR VIRUS-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
DARCY MARKS LONDON® TAKES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY RELATED TO HACKING, TAMPERING OR OTHER SECURITY INTRUSIONS OR BREACHES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE ADDITIONAL LEGAL RIGHTS.
11. Limitation of Liability
IN NO EVENT SHALL DARCY MARKS LONDON® BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY PRODUCTS/SERVICES ORDERED THROUGH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DARCY MARKS LONDON® HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT SHALL DARCY MARKS LONDON® AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE OR CONTENT EXCEED THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU FOR PRODUCTS/SERVICES PURCHASED VIA THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES. AS SUCH, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
12. Indemnification
Upon Darcy Marks London®’s request, you agree to defend, indemnify, and hold harmless Darcy Marks London®, its contractors, officers, directors, employees, agents, licensors, affiliates, successors, transferees, representatives, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from:
(i) your use of and access to the Service, including any data or content transmitted or received by you;
(ii) your violation of any term of these Terms, including without limitation your breach of any representations and warranties;
(iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or
(iv) any claim that your User Content caused damage to a third party.
This indemnification obligation will survive the termination of your access to the Service and these Terms.
13. Modification of Terms
We reserve the right to modify these Terms at any time. Updated versions of the Terms will be provided via the Service and are effective immediately. You are responsible for regularly checking these Terms. Continued use of the Service after an updated version constitutes your acceptance of and agreement to the changes.
Material changes to these Terms will be prominently disclosed on the website or Service prior to the change becoming effective. If you object to any subsequent revision of the Terms, your sole recourse is to immediately discontinue use of the Service.
14. Dispute Resolution
Any claim or controversy arising out of or relating to the use of the Service, to these Terms, or to any products or services purchased or transactions entered into through the Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party.
The arbitration shall be conducted in Los Angeles County, California, and judgment on the arbitration award may be entered by any court of competent jurisdiction. The award of the arbitrator shall be final and binding upon the parties without appeal or review except as permitted under the U.S. Arbitration Act. Notwithstanding anything to the contrary, Darcy Marks London® may seek injunctive relief in any court of competent jurisdiction. Any and all notices or other communications required or permitted under these Terms shall be in writing, either via email, hand delivery, or certified or registered mail.
You agree that regardless of any statue or law to the contrary, any claim or cause of action related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arises, or else be forever barred.
15. Governing Law
These Terms and your use of the Service are governed by and construed in accordance with the laws of the State of California, United States of America, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms or your use of the Service.
16. Termination
You agree that Darcy Marks London®, in its sole discretion, may suspend or terminate your account and access to all or part of the Service with or without notice and for any reason. You also may terminate your account by contacting us. Upon termination, your right to access and use the Service shall immediately cease. You shall not be entitled to a refund for purchases made prior to termination.
17. Entire Agreement
These Terms (including any referenced policies and guidelines) constitute the entire agreement between you and Darcy Marks London® with respect to the Service and supersede all prior or contemporaneous communications and proposals, whether oral or written between you and Darcy Marks London® with respect to the Service.
18. Contact Us
If you have any questions about these Terms, please contact us by email at [email protected].
