Terms of Use

Last modified: 26 June 2020

Please read the following terms and conditions (the “Terms of Use”) carefully before using the delecuona.com website (the “Website”). By accessing the Website, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not use the Website. We recommend that you keep a printed copy of these Terms of Service for future reference.

This Website is operated by de Le Cuona Designs Ltd (“de Le Cuona”), a company registered in England with company number 03280499. Our registered address is Mistress Page’s House, 13b High Street, Windsor, SL4 1LD (England). Our VAT number is GB 689-351-879.

In these Terms of Use the terms “we”, “us” and “our” refer to de Le Cuona and “you” refers to you, the user of the Website.

Registration

You do not have to register to use the Website but will need to register to purchase goods via the Website. There are advantages in registering and creating an account with us. Not only will shopping be easier, but your experience with us will become more personalised over time. By creating an account, you can store credit card information for easier and faster checkout, maintain an address book, review your order history and edit billing or shipping information.

Your Information

You agree that the information you provide to us will be true, accurate, current and complete in all respects. You also agree to notify us of any changes in this information. All personal information you provide to us when you use the Website will be used in accordance with our Privacy Notice, which is incorporated into these Terms of Use.

Products and Colours

Not all of the products we sell are available for sale through the Website. Additional products are available in de Le Cuona stores and all around the world. Please visit us on http://delecuona.com in order to find the nearest store. We have made every effort to display the colours and textiles of our products that appear on the Website as accurately as possible however, as computer monitors vary, we cannot guarantee that products will be exactly as depicted on the Website.

Terms of Sale

The information on this Website does not constitute a binding offer to sell the products described on the Website. All purchases made via the Website are subject to our Terms of Sale.

Ownership of Website Materials

All content on this Website including, without limitation, text, designs, graphics, logos, icons, images, films, audio clips, downloads, interfaces, code and software (“Website Material”) is owned by or licensed to de Le Cuona or our affiliates and is protected by copyright, trade mark and other applicable laws. Your use of the Website does not entitle you to any intellectual property rights or any other rights in the Website Material, other than the limited rights of use granted to you pursuant to these Terms of Use. All trade marks, logos, service marks and trade names displayed on this Website are registered and/or unregistered trademarks of de Le Cuona, their respective licensors or content providers, or other third parties. All of these trade marks, logos and service marks are the property of their respective owners. Nothing on this Website shall be construed as granting any licence or right to use any trade mark, logo or service mark displayed on the Website without the owner’s prior written permission, except as otherwise described in these Terms of Use. de Le Cuona and our affiliates reserve all rights not expressly granted in and to the Website and the Website Material.

Your use of the Website

You may access, copy, download and print the Website Material for your personal and non-commercial use, provided you do not modify or delete any copyright, trade mark or other proprietary notice that appears on the Website Material. Any other use of the Website Material is strictly prohibited. You may not use the Website or the Website Material for any commercial purpose whatsoever. If you download or upload any materials from or to this Website, you do so at your own discretion and risk. You may not use contact information provided on the Website for unauthorised purposes, including marketing. You agree not to interrupt or attempt to interrupt the operation of the Website in any way – including through the use of any hardware or software intended to damage or interfere with the proper working of the Website – or to intercept any data (including personal information) transmitted via the Website. de Le Cuona reserves the right to restrict or terminate your access to, or use of, the Website or any feature or part of it at any time if you breach the Terms of Use or for any other reason whatsoever without notice. Termination or limitation of your access or use will not waive or affect any other right or relief to which de Le Cuona may be entitled, at law or in equity.

Material You Submit

You may not use this Website to upload to, distribute or otherwise publish any content that:

  • infringes any rights of third parties, including without limitation their intellectual property rights;
  • breaches any applicable local, national or international law or regulation;
  • is fraudulent, or has any fraudulent purpose or effect;
  • is contrary to public policy and/or accepted moral standards, including without limitation: pornographic or sexually explicit images; obscene or offensive messages; material which is defamatory or libellous of any person or which is invasive of their privacy or publicity rights; material harmful to minors; material likely to incite crimes or offences; material promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; material promoting computer piracy or any other criminal offence; anything likely to harass, upset, embarrass or alarm another person or cause them to harm themselves; or any material likely to misrepresent your identity or impersonate another person (including by submitting material intended to give the impression that it is originated by de Le Cuona or any other person);
  • contains among others things and without limitation viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of the Website or any computer software or hardware;
  • acts contrary to de Le Cuona’s interests, in particular by modifying, damaging, or overloading the Website;
  • is inconsistent with reasonable use of the Website (for example by submitting the same material repeatedly); or
  • promotes any commercial activity whatsoever, for example by sending promotional or advertising messages or spam.

In the event you submit any material via the Website:

  • you warrant that you own or otherwise control all the rights (including all intellectual property rights) to such material, and that such material complies in all respects with these Terms and Use;
  • you grant de Le Cuona and its affiliates and agents a non exclusive, royalty-free, perpetual, irrevocable and fully transferable licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media; and

you acknowledge that we have no obligation of confidentiality in relation to any material you submit to us.

 

Links

This Website may contain links to other websites, some of which are operated by de Le Cuona or its affiliates and others of which are operated by third parties. These links are provided as a convenience to you. We have not reviewed the information on those other websites and are not responsible for the content of those or any other websites, or any products or services that may be offered through those or any other websites. Inclusion of links to other websites should not be viewed as an endorsement of their content. Any questions or comments relating to those other websites should be addressed to the operator of those websites. Neither you nor any third party acting on your behalf may link to any page of this Website. You or third parties acting on your behalf may not (i) use our proprietary marks and logos as meta tags or any other “hidden text”; or (ii) use framing technology to enclose any content included on the Website, without our prior written consent.

Infringement Notice

We respect the intellectual property rights of others and request that you do the same. If you think your work has been copied in a manner that constitutes copyright infringement, you may notify us at: de Le Cuona Designs Ltd, Mistress Page’s House, 13b High Street, Windsor, SL4 1LD, United Kingdom or de Le Cuona, Inc., 979 Third Avenue, D&D Building, Suite 914, New York, NY 10022 USA or eMail: info@delecuona.com in order for us to more effectively assist you; the notification must include all of the following:

  • a description of the copyrighted work you claim has been infringed;
  • information reasonably sufficient to locate the material in question on the Website;
  • your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit de Le Cuona to contact you;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  • a signed statement by you confirming that all of the information in your notice is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner.

de Le Cuona reserves the absolute right to remove any material from the Website in it sole discretion at any time.

 

Disclaimer

The information on this Website is provided for general information only and should not be relied upon. Save as provided in our Terms of Sale we are not responsible if information made available on this Website is not accurate, complete or current. We reserve the right to amend or correct the content on the Website at any time without prior notice or liability to you. de Le Cuona provides you with access to the Website on the basis that, to the maximum extent permitted by law, we exclude all warranties, representations, conditions and other terms of any kind (including, without limitation, any warranty that access to the Website will be uninterrupted or error-free; that the Website will be secure; that the Website or the server that makes the Website available will be virus-free; or that information on the Website will be complete, accurate or timely.

Liability

de Le Cuona, our affiliates, and their respective officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, or loss or damages arising from or connected in any way to business interruption, loss of opportunity, loss of anticipated savings, wasted management or office time and whether in tort (including negligence), contract or otherwise, even if foreseeable) in connection with (i) this Website and the Website Material, (ii) the use, inability to use or the results of use of this Website, (iii) any websites linked to this Website or the material on such linked websites, and (iv) any information on this Website. Your sole and exclusive remedy for any of the foregoing or any dispute with de Le Cuona, our affiliates, and their respective officers, directors, employees, shareholders or agents of any of them, is to discontinue your use of the Website. Nothing in these Terms of Use excludes or limits any person’s liability for death or personal injury arising from their own negligence, nor any person’s liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law. Nothing in these Terms of Use affects your statutory rights as a consumer.

Indemnification

You agree to indemnify and to keep indemnified de Le Cuona, our affiliates and their respective officers, directors, employees, contractors, agents, licensors, service providers, sub-contractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, (including reasonable legal fees) arising or resulting from your use of the Website and any violation of these Terms of Use. de Le Cuona reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate fully with de Le Cuona in the defence of such matter.

Governing Law and Jurisdiction

These Terms of Use shall be governed and construed in accordance with English law. Disputes arising under or in connection with these Terms of Use (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the English courts. If any material on this Website, or your use of the Website, is contrary to the laws of the place where you are when you access it, the Website is not intended for you, and we ask you not to use the Website. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

General

These Terms of Use, as supplemented by any additional documents referred to in them and any policies or rules posted on this Website, constitute the entire agreement and understanding between you and de Le Cuona with respect to the subject matter and supersede all prior communications (oral or in writing) between you and us. We reserve the right, in our sole discretion, to change these Terms of Use at any time by posting revised terms on the Website. Accordingly, you should check the date of these Terms of Use (which appears at the top of this page) and review any changes since the last version. Your continued use of this Website following the posting of changes to these Terms of Use or other policies means you accept the changes. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Clause headings are for convenience only and do not affect the interpretation of these conditions. Any failure or delay by us in enforcing (in whole or in part) any provision of these Terms of Use will not be interpreted as a waiver of our rights or remedies. You may not transfer any of your rights or obligations under these Website Terms of Use without our prior written consent. We may transfer any of our rights or obligations under these Website Terms to any of our subsidiaries or affiliates or any third party designated by de Le Cuona.

How to Contact Us

If you have any questions, comments or complaints about these Terms of Use or this Website, please contact us at: eMail: info@delecuona.com  or Phone: +44 (0) 1753 830 301

Thank you for visiting us at www.delecuona.com