Welcome to Style By Portobello (the “Site”). This Site is maintained and operated by Clubcognoscenti Ltd trading as Style By Portobello. (“Style By Portobello” or “Company”). We are registered in England and Wales under company number 7976518.
BY ACCESSING OR USING ANY PART OF THE SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE SITE. PRICE INFORMATION FOUND ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. STYLE BY PORTOBELLO RESERVES THE RIGHT TO CHANGE THESE TERMS & CONDITIONS OF USE AT ANY TIME WITHOUT NOTICE, BUT WILL NOT CHANGE THESE TERMS IN RELATION TO ORDERS WHICH HAVE BEEN PLACED AND ACKNOWLEDGED BY STYLE BY PORTOBELLO BEFORE THE CHANGE IS MADE.
We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.
1. Use of the Site
You may use the Site only for your own noncommercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Site. Any other use of the Site requires the prior written consent of Style By Portobello. You may not otherwise copy, modify, or distribute the contents of this Site without the express written permission of Style By Portobello. You may not modify, publish, transmit, participate in the transfer or sell, create derivative works from, or in any way exploit, any of the content, in whole or in part, found on the Site.
We require all Members to agree not to use the Site, and specifically prohibit any use of the Site, for any of the following purposes:
•Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity
•Posting any information which is untrue, inaccurate or not your own or which is defamatory, derogatory, fraudulent, degrading, abusive, hateful, false, misleading, inaccurate, untrue, malicious, offensive, harassing, threatening, racist, obscene, vulgar, indecent, pornographic or of a sexual nature
•Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation
•Attempting to interfere in any way with the Site’s or Style By Portobello’s network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user’s use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site within another web site. You may not resell use of, or access to, the Site to any third party without our prior written consent.
2. Registration and Passwords
3. Additional Terms and Conditions
5. Orders and Contracts
You may check and correct any input errors in your delivery address details at anytime by logging into your Style By Portobello account and editing your profile. Orders are dispatched on or around the 14th working day of each calendar month. In order to ensure that your Bello box is delivered to the correct address, any amends to delivery address details needs to be carried out no later than the 12th working day of the calendar month.Any delivery address details changed after that date will be instituted for the delivery in the next calendar month.
Your order constitutes an offer to Style By Portobello to buy a box subscription or product. All orders are subject to acceptance by Style By Portobello. Style By Portobello is not obliged to accept your order and may, in its discretion, decline to accept any order or cancel your subscription at any time. Where Style By Portobello accepts your order, it will confirm such acceptance to you by sending you a confirmation email. However we still maintain the right to subsequently cancel your subscription at any point.
By purchasing a month to month subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically extended for successive monthly periods, at the original subscription rate.
You agree not to hold us responsible for any bank charges incurred due to payments on your account.
All prices that are displayed are inclusive of VAT and postage.
Payments are made by Gocardless. Payments will be debited and cleared from your account immediately upon order and the aforementioned recurring payments will be debited monthly on the original order date (or on the nearest working day)
We take reasonable care to make our site secure. All credit/debit transactions on this site are processed using the Gocardless secure online payment gateway that encrypts your card details in a secure host environment. As a registered Style By Portobello user, we will not store your credit/debit card or bank details on our systems.
Your order will be dispatched on or around the 14th working day of the calendar month following your sign-up to the subscription service. Each following month your order will be dispatched on or around the 14th working day of the calendar month. You recognize, though, that occasionally because of problems sourcing stock from our suppliers or for other reasons beyond our control it is possible that orders may be delivered more than 30 days after the aforementioned dispatch date.
6.Postage, returns, replacements and cancellations
All Style By Portobello boxes are usually sent out on or around the 14th working day of each month (unless otherwise stated). You will receive an email each month confirming when your box/order has been dispatched. Your box is sent by Royal Mail second class. We will not be held liable for any delays outside of our control which relate to the delivery of your box.
It is the customer’s responsibility to report all lost packages within 14 days of the aforementioned dispatch confirmation email being sent.
If you change delivery address then you must do this before the 12th working day of the month otherwise you will be liable for any packages sent to the wrong address within that month.
Postage and packaging is included in the subscription price. parcels are tracked or insured.
All parcels returned to us (either due to not being collected, incorrect delivery address or any other valid reason) can be re-sent to you, however this will require an additional payment to cover the cost of the second time delivery.
If you are genuinely unhappy with the contents of your subscription box, please get in touch with us at firstname.lastname@example.org within 14 days of receiving it the dispatch confirmation email. It must be returned to us at Office 388, 22 Notting Hill Gate, London, W11 3JE in its original condition at your own cost. We review every case individually.
If a refund is requested and accepted by Style By Portobello, it will be minus to cost of the initial postage and packaging fee. We reserve the right to refuse to refund.
Any faulty items must be returned to us before a replacement is sent out. If the fault is accepted by Style By Portobello we will provide a replacement of similar value. As we provide vintage items, one off items, any replacements will not be the same as the faulty item being replaced. The replacement will be a bag, belt, scarf, necklace, bracelet or brooch to the same value as the original faulty item. This value is determined by Style By Portobello.
All of our packages are wrapped with the utmost care and attention to give the products inside maximum protection. Therefore we cannot be held liable for any damage to the product in transit.
If you want to cancel your rolling subscription, it can be done at anytime by logging into your Style By Portobello account or your Gocardless account and selecting ‘cancel’. You will receive a confirmation email from Gocardless should this be successful.
7. Product Information; Limitation on Quantities
We strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time due to inventory, shortages, or user breach (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site will be available.
8. Proprietary Rights
You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site are the property of Style By Portobello or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site. Style By Portobello and the Style By Portobello logo are registered trademarks of Clubcognoscenti Ltd. All other trademarks are the property of their respective owners. All of our Site’s content is Copyright 2014 Clubcognoscenti Ltd or its affiliates. All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms are reserved by Clubcognoscenti Ltd and its affiliates.
9. Submitted Content
By submitting or posting any materials or content on the Site, you grant Style By Portobello a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works on our websites and apps and in any other materials or medium, and sublicense such materials or any part of such materials. This means, for example, that we can continue to use and display that content even if you ask us to remove it or after your registration or subscription has ended. If you do not want to grant Style By Portobello the rights set out in this paragraph, please do not submit your content to us. You confirm that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Style By Portobello the license specified above. You also confirm that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. Style By Portobello will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or payment to you. To the extent permitted by applicable law, you agree to waive all moral rights in any content that you post or send whilst using the Services, including the right to be identified as the author of such content.
Style By Portobello is not responsible if you cannot access the Site properly or at all because your ISP connection, the Internet generally or your browser software is inadequate or functioning badly, or if your ISP suspends or terminates their service to you, or because of any other event outside Style By Portobello’s control. If you cannot access the Site properly or at all because any of these reasons, Style By Portobello will not refund any money you have paid or compensate you.
Making the Site enjoyable means Style By Portobello needs to fix bugs, install updates and do general diagnosis and maintenance of the Site. Style By Portobello will try to do scheduled maintenance during what Style By Portobello anticipates will be relatively low levels of online use. Style By Portobello also need to be able to do emergency maintenance and/or suspend access to the servers where, in Style By Portobello’s reasonable discretion, Style By Portobello sees the need to do that. Style By Portobello will try to have the Site available again as soon as Style By Portobello thinks it is safe to do so.
Where the Site contains links to other websites and third party products or services, these links are provided for your information only. Style By Portobello is not responsible for the content of these websites or products or services.
You agree to indemnify Style By Portobello and its group companies liabilities and the reasonable costs (including reasonable legal fees), sustained or incurred as a result of content posted to the Site by you being in violation of these Terms.
12. Limitation of Liability
Style By Portobello excludes: (a) any responsibility for or liability arising out of any dealings you have with third parties that take place using or facilitated by the Site; and (b) any liability for losses which are not a foreseeable or likely consequence of your use of the Site, or of a breach of these Terms. For example, losses are foreseeable where they could be contemplated by you and Style By Portobello at the start of your membership.
Style By Portobello will not be liable to you over the entire period of your use of the Site for any loss in excess of (a) the total value of products or subscriptions ordered by you via the Site from time to time and (b) £250, whichever is the higher.
Notwithstanding this, nothing in these Terms will affect any liability we may have for: (a) death or personal injury arising from our negligence or our liability; (b) fraudulent misrepresentation; © for breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 or (d) any other liability that cannot by law be excluded or limited.
13. Copyright Infringement; Notice and Take Down Procedures
Style By Portobello specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim.
If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms.
15. Waiver; Remedies; Variations, Entire Agreement
The failure of Style By Portobello to partially or fully exercise any rights or the waiver of Style By Portobello of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Style By Portobello or be deemed a waiver by Style By Portobello of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Style By Portobello under these Terms and any other applicable agreement between you and Style By Portobello shall be cumulative, and the exercise of any such right or remedy shall not limit Style By Portobello’s right to exercise any other right or remedy. These Terms may not be varied except with our express written consent. These Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of your use of the Site and any order. We are required by law to advise you that contracts may be concluded in English only and that no public filing requirements apply.
16. Governing Law
The operation of our site and Contracts for the purchase of Goods through our site are governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Style By Portobello is committed to respecting and protecting your privacy. This privacy protection section communicates how, when, and why we gather information about our customers and what we do with it.
If you subscribe to Style By Portobello we will ask you for your name, e-mail address and shipping address. We use this information to process and fulfill your order and to notify you of your order status. E-mail addresses are used to contact you regarding your order. If you decide to save your order information you will be creating an account that includes a personal password. Please safeguard your password and other personal information. You may be liable for unauthorized use of our web site, as well as have your private information used by others.
How We Use Your Information
In connection with their performance of services to maintain and operate the Site and certain features on the Site, certain trusted third parties may be permitted to access your information. For example, we may use third parties to host the Site; operate various features available on the Site; send emails; analyse data; provide search results and links and assist in fulfilling your orders.
We reserve the right to disclose information in order to comply with a subpoena, court order, administrative or governmental order, or any other requirement of law, or when we, in our sole discretion, believe it is necessary in order to protect our rights or the rights of others, to prevent harm to persons or property, to fight fraud and credit risk reduction.
If you submit your email address to be added to a mailing list, we will use the email address for the sole purpose of sending you announcements, special offers from Style By Portobello and other partners along with site updates. Each email we send will contain information on how to unsubscribe from our mailing list.
Comments you voluntarily post on public forums such as our blog will, of course, be displayed publicly along with the name you submit and the time at which you submitted the comment.
If you elect to use our referral services for informing a friend about our site, we ask you for the friend’s name and email address. Style By Portobello will automatically send the friend a one-time email inviting them to visit the site. Style By Portobello stores this information for the purpose of sending this one-time email and tracking the success of our referral program. The friend may contact Style By Portobello at email@example.com to request the removal of this information from our database.
How We Protect Your Information
We use GoCardless’ direct debit system to store and secure your payment information and execute transactions securely. We do not store any of your payment data.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
Children’s Privacy and Parental Controls
We do not solicit any personal information from children. If you are not 18 or older, you are not authorized to use the Site. Parents should be aware that there are parental control tools available online that you can use to prevent your children from submitting information online without parental permission or from accessing material that is harmful to minors.