These Terms and Conditions (hereafter collectively called "Terms and Conditions" or “T&C”) govern your use of our website; by using our website, you accept these Terms and Conditions of use in full. If you disagree with these or any part of Terms and Conditions, you must not use our website. Please read these Terms and Conditions carefully. Upon registration with our website we will ask you to expressly agree to these Terms and Conditions. You will be asked to expressly agree to these Terms and Conditions before you place an order for products from our website. The only language in which we provide these Terms and Conditions is English.
In these Terms and Conditions, “we” means www.sesameboutique.com and “us” and “our” will be construed accordingly; and “you” means our customer or potential customer for products and “your” will be construed accordingly.
License to use website
The webpage www.sesameboutique.com includes an electronic shop, which is the online presence of the company under the name “Bee trendy Ltd” (Reg. No: HE220841, VAT: CY10220841A). The company's head office is located in Limassol, Cyprus.
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to this license, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print content, product descriptions, text or pictures from the website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms and Conditions. You must not: (i) republish material from this website including republication on another website; (ii) sell, rent or sub-license material from the website; (iii) show any material from the website in public; (iv) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose; (v) edit or otherwise modify any material on the website; or (vi) redistribute material from this website except from content specifically and expressly made available for redistribution such as our newsletter.
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of or is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities including without limitation scraping, data mining, data extraction and data harvesting on or in relation to our website without our express written consent.
Linking to this website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This website must not be framed on any other site, nor may you create a link to any part of this website other than the home page. We reserve the right to withdraw linking permission without notice.
The advertising of products on our website constitutes an “invitation to treat” - not a contractual offer. Prices stated on our website may be stated incorrectly. The purchase of products via our website will be subject to our Terms and Conditions. We will ask you to agree to our Terms and Conditions each time you purchase a product or products via our website.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date. To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill.
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers incurred or suffered by us arising out of any breach by you of any provision of these Terms and Conditions, or arising out of any claim that you have breached any provision of these Terms and Conditions.
Breaches of these terms and conditions
Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, or if we reasonably suspect that you have breached these Terms and Conditions in any way, we may: (i) send you one or more formal warnings; (ii) temporarily suspend your access to the website; (iii) permanently prohibit you from accessing the website; (iv) block computers using your IP address from accessing the website; (v) contact your internet services provider and request that they block your access to the website; (vi) bring court proceedings against you for breach of contract or otherwise; and/or (vii) suspend and/or delete your account with the website.
We may revise these Terms and Conditions from time-to-time. Revised Terms and Conditions will apply to the use of our website from the date of the publication of the revised Terms and Conditions on our website. Please check this page regularly to ensure you are familiar with the current version.
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms and Conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms and Conditions.
If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Exclusion of third party rights
These Terms and Conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these Terms and Conditions is not subject to the consent of any third party.
TERMS OF SALE
The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below. In order to enter into a contract to purchase products from us, you will need to take the following steps: (i) you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; (ii) if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; (iii) once you are logged in, you must select your preferred shipping/delivery method and confirm your order and your consent to these Terms and Conditions; (iv) you will be then prompted to select your preferred payment method, and may be transferred to a payment services provider website for handling your payment; (v) we will then send you an initial acknowledgement; and (vi) once we have checked whether we are able to meet your order, we will either send you an order confirmation at which point your order will become a binding contract or we will confirm by email that we are unable to meet your order.
We will not file a copy of these Terms and Conditions specifically in relation to your order. We may update the version of these Terms and Conditions on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these Terms and Conditions for your records. Before you place your order, you will have the opportunity of identifying whether you have made any input errors by providing a summary of your order for your confirmation. You may correct those input errors before placing your order by clicking on “Change details” link under the respective header of the details you wish to correct.
All products we sell are of first quality, brand-new and genuine goods. You will not find counterfeit, replica, factory seconds or used products in our merchandise range. Our merchandise is both from previous and current year collections and is mainly sourced from various legitimate European suppliers (Greece, Spain, Denmark, Italy, UK,) who are known and reputable resellers of authentic brand name products. For this reason we deny any indication or statement that we are an authorised seller/distributor/agent of any of the brands offered via our website.
Price and payment
Prices for products are quoted on our website. The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product's correct price will be stated when you pay for the product. In addition to the price of the products, you will have to pay a delivery charge, which will be as stated when you proceed for checkout and before paying for the product. Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds. The prices on the website include all value added taxes (VAT) where applicable. Payment for all products must be made by Credit Card (Visa or Mastercard) by PayPal, by Cash on delivery (available only in the Republic of Cyprus), Offer Code OR any method detailed on the website from time to time. Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.
Offer codes may from time to time be offered to you; such codes may only be applied to purchases made through your account in respect of which the discount code was offered and registered. We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though our website.
Gift vouchers are only valid for 90 days. We’re afraid we can’t accept any responsibility for stolen or deleted gift vouchers. If you are the purchaser, please double check the delivery email address you enter – it is your responsibility to do so and we’re afraid we can’t be held responsible if a gift voucher is used by someone other than your recipient if the email address entered is incorrect. In addition, we can’t take responsibility for any gift vouchers that are lost or used by someone other than your recipient after delivery. Make sure your recipient has received their gift voucher, as it is their responsibility to keep the voucher details safe. From time to time, gift vouchers may get caught in pesky spam filters, and it’s up to the recipient to check these filters. We can’t take responsibility if a gift voucher cannot be delivered to the recipient’s email address because of spam filters, firewalls, and the capacity of the recipient’s mailbox or any other factors outside of our control.
We will arrange for the products to be shipped as per your selection indicated in your order. This might be: (i) shipped to your door; or (ii) shipped to your nearest ACS store for you to collect. We will use reasonable endeavours to ensure prompt delivery of all our merchandise. However, we cannot guarantee delivery by a relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 1 day of the later of receipt of payment and the date of our order confirmation. Orders that are placed on Friday, Saturday, Sunday or other public holidays will be processed the next business day.
Risk and ownership
The products will be at your risk from the time of shipping. Ownership of the products will only pass to you upon the later of: (i) delivery of the products; and (ii) receipt by us of full payment of all sums due in respect of the products including delivery charges. We will be entitled to recover payment for the products even where ownership has not passed to you.
“Cooling off” period
Under the Distance Selling Regulations, you may cancel a distance contract to purchase a product or products from us at any time within 7 working days after the day you received the relevant products or products subject to the limitations set out below. In order to cancel a contract in this way, you must give to us written notice of cancellation. You will not have any such right insofar as a contract relates to gift vouchers. If you cancel a contract on this basis, you must promptly return the products to us, in the same condition in which you received them. If you cancel a contract on this basis, we will give you a refund for the full price of any product properly returned by you in accordance with the terms of the returns policy excluding the original delivery charges and excluding the costs of returning the product to us.
Nothing in these Terms and Conditions affects your statutory rights including your right to receive a refund in respect of any defective product we sell to you.
If you cancel a contract and are entitled to a refund, this will be made in the same way as the original payment method. Refund will be made for the full price of any product properly returned by you in accordance with the terms of the returns policy excluding the original delivery charges and excluding the costs of returning the product to us. We will process the refund due to you as soon as possible and, in any event; within 10 days of the day we received your valid notice of cancellation.
You warrant to us that: (i) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these Terms and Conditions; (ii) the information provided in your order is accurate and complete; (iii) you will be able to accept delivery of the products; and (iv) you are at least 18 years of age.
Limitations and exclusions of liability
Nothing in the Terms and Conditions will: (i) limit or exclude the liability of a party for death or personal injury resulting from negligence; (ii) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (iii) limit any liability of a party in any way that is not permitted under applicable law; or (iv) exclude any liability of a party that may not be excluded under applicable law. Any statutory rights which you have as a consumer, which cannot be excluded or limited, will not be affected by the Terms and Conditions.
The limitations and exclusions of liability set out in this Section and elsewhere in the Terms and Conditions: (i) are subject to the preceding paragraph; and (ii) govern all liabilities arising under the Terms and Conditions or in relation to the subject matter of the Terms and Conditions, including liabilities arising in contract, in tort including negligence and for breach of statutory duty. We will not be liable to you in respect of any losses arising out of any event or series of events beyond our reasonable control. We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
GENERAL TERMS AND CONDITIONS
Subject to the first paragraph of Limitations and exclusions of liability: these Terms and Conditions contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these Terms and Conditions have been made by or on behalf of the other party in relation to the purchase of products from our website.
Law and jurisdiction
These Terms and Conditions will be governed by and construed in accordance with European law, and any disputes relating to these Terms and Conditions will be subject to the jurisdiction of the courts of Cyprus.