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Terms & Conditions

Updated:  April 21, 2022

PLEASE READ THESE TERMS & CONDITIONS (“TERMS”) CAREFULLY BEFORE USING THIS WEBSITE. IF YOU DO NOT AGREE TO ALL OF THE TERMS, DO NOT ACCESS OR USE THIS WEBSITE.

 
INTRODUCTION

 

Welcome to the boylondon.com website (the “Site”), which is operated by or for Boy London, its affiliates, or related companies (collectively,  “Boy London”, “we”, “us” or “our”).

These Terms govern your use of and/or purchase of products from the Site. By accessing or using the Site, you are agreeing to follow and be bound by all of the Terms and our Privacy Policy (collectively, the “Agreement”), and you represent and warrant that you have the right, authority and capacity to enter into the Agreement. You may not access or use the Site or accept these Terms or the Agreement if you are not at least 13 years old.

 

 

GENERAL

 

We reserve the right to modify or amend the Terms from time to time without notice. We also reserve the right to change, modify, suspend, or discontinue the Site (in whole or in part) from time to time, for any reason, with or without notice. Additional terms and conditions may apply to the purchase of products, such as shipping and return policies. Your continued use of the Site following any such changes or amendments constitutes your agreement to follow and be bound by the Terms as modified or amended. You agree that Boy London will not be liable to you or any third party for any modification, suspension, or discontinuation of the Site or any part thereof.

 

REGISTRATION

 

To access certain features of the Site, you may be required to become a Registered User. For purposes of the Terms, a "Registered User" is a user of the Site who has registered an account on the Site ("Account").

In registering an Account, you agree and represent that:

(1) The information about yourself as prompted by the account registration form (the "Registration Data") is true, accurate, current and complete;

(2) You will maintain and promptly update the Registration Data to keep it true, accurate, current and complete;

(3) You are at least thirteen years old and/or the legal age to form a binding contract;

(4) You are not a person barred from using the Site under the laws of the United States, your place of residence or any other applicable jurisdiction;

(5) You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors and you will accept full responsibility for any unauthorized use of boylondon.com by minors;

(6) You may not and will not share your Account or Account password with anyone;

(7) You will notify Boy London immediately of any unauthorized use of your Account or any other breach of security;

(8) You will exit from your Account at the end of each session;

(9) You will not create an Account using a false identity or information, or on behalf of someone other than yourself; and

(10) You shall not have more than one Account per platform at any given time.

Boy London will not be liable for any loss or damage arising from your failure to comply with the above requirements. If you fail to comply with any of the above requirements or if Boy London has reasonable grounds to suspect that you have failed to comply with any of the above requirements, Boy London has the right to suspend or terminate your Account and refuse any current or future use of the Site (or any portion thereof). Boy London reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party's rights.

Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Boy London.

 

INTELLECTUAL PROPERTY

 

Unless otherwise noted, all materials including images, illustrations, designs, icons, photographs, video clips, music, written and other materials that appear as part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other forms of intellectual property owned, controlled and/or used under license or with other legal authority by Boy London. The Site as a whole is protected by copyright and trade dress, all rights, titles and interests in and to which are owned by Boy London. The Contents of the Site and the Site as a whole are intended solely for personal, non-commercial (other than for the purchase of merchandise from the Site) use by the users of the Site. You shall not: (a) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any Content or related software; (b) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) access the Site to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site or Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms.

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act (DMCA). If you believe that your work has been copied or used on the Site in a way that constitutes copyright infringement, please send the following information to web@boylondon.com:

  • Your address, telephone number, and email address.
  • A description of the copyrighted work that you claim has been infringed.
  • A description of where the alleged infringing material is located on the Site.
  • A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law.
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
  • A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid. Boy London may at its discretion suspend or terminate the access of and take other action against users, subscribers, registrants, and account holders who infringe the copyright rights of others.

 

SITE CONTENT

 

The use of any robot, spider, or other automatic device or software in connection with the services is strictly prohibited. In the event we reasonably determine that any order or attempted order was made by or through the use of any robot or other automatic device or software, we have the right, in our sole and absolute discretion to deny or cancel any such order, to refuse to accept any returns or offer refunds, and/or to charge restocking fees.

 

CORRECTION OF ERRORS AND INACCURACIES

 

The information on the Site may contain typographical errors or inaccuracies and may not be complete or current. Boy London, therefore, reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time with or without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing, product availability or otherwise.  

 

ORDERS

 

We reserve the right to refuse any order you placed with us, including for pricing errors. We may, in our sole discretion, limit or cancel the quantities purchased per person, per household or order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.  

 

PAYMENT

 

You agree to pay all fees or charges to your Account by the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide a valid credit card (Visa, Mastercard, or any other issuer accepted by Boy London) or any other approved account such as Pay Pal, Apple Pay, Klarna or any other ("Approved Payment Method") supported, third-party payment provider ("Payment Provider") to purchase products and to use certain services. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY APPROVED PAYMENT METHOD UTILIZED IN CONNECTION WITH ANY TRANSACTION.

Your Payment Provider and your agreement with your Payment Provider govern your use of the designated credit card or Approved Payment Method, and the terms and conditions on the website of the Payment Provider govern your use of its website. You must refer to your agreement with the Payment Provider and the terms and conditions of the Payment Provider’s website, not these Terms, to determine your rights and liabilities. By providing to the Payment Provider, on behalf of Boy London, your credit card number or other Approved Payment Method and associated payment information, you agree that Boy London is authorized to immediately invoice your Account for all fees due and payable to Boy London hereunder and that no additional notice or consent is required. You agree to immediately notify Boy London of any change in your billing address or credit card or Approved Payment Method used for payment hereunder. Boy London reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Site or by e-mail delivery to you.

 

 

PRODUCT INVENTORY

 

All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give you information about substitute products of an equal or higher quality and value which you can order. If you do not wish to order substitute products, we will refund any payment that you might have made.

 

COLORS

 

The images of the products on the Site are for illustrative purposes only and while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor or screen and may not be accurate.  

 

RETURNS AND REFUNDS

 

If for any reason you are not satisfied with a purchase you make on the Site, please return or exchange by the terms of our Return Policy or limited warranty as applicable.  

 

SHIPPING

 

Boy London will use commercially reasonable efforts to meet any shipment schedules set forth on the Site.  However, any shipment date or forecast provided by Boy London is only an estimate of the time required to make shipment.

Unless otherwise agreed to by Boy London, all items will be shipped by Boy London or its designated representative using a delivery service specified by Boy London.  For additional shipping information, please see our SHIPPING POLICY.

 

COMMUNICATION

 

You agree that Boy London may send electronic mail or other communications to you to advise you of changes or additions to the Site, about any Boy London products or services, or for such other purpose(s) as Boy London deems appropriate.  Please see PRIVACY POLICY.

 

DISCLAIMER, LIMITATION OF LIABILITY & INDEMNIFICATION

 

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, QUIET ENJOYMENT, ACCURACY, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES CONCERNING THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

BOY LONDON IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY OF BOY LONDON’S TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BOY LONDON (OR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE, OR ANY PRODUCTS PURCHASED THROUGH THE SITE, EVEN IF BOY LONDON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR ACCESS AND USE USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT, INCLUDING WITHOUT LIMITATION COMPUTERS AND OTHER DEVICES, YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE AND THAT NEITHER BOY LONDON NOR ANY OF ITS AFFILIATES, OWNERS, AGENTS, OFFICERS, DIRECTORS, OR EMPLOYEES SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS BOY LONDON AND/OR ANY OF ITS AFFILIATES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, AND VENDORS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEY FEES, ARISING FROM OR RELATED TO YOUR BREACH OF THESE TERMS, ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT), OR YOUR USE OF THE SITE.

If any part of these disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances shall not exceed the amount paid by you to Boy London through the Site during the prior twelve (12) months. You agree that our suppliers will have no liability of any kind arising from or relating to these terms.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above indemnities, limitations, and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

  

 

MISCELLANEOUS

 

The Terms and your rights and obligations hereunder may not be assigned, subcontracted, delegated or otherwise transferred by you without Boy London's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

If any portion of these Terms is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties and the remaining portions shall remain in full force and effect.

These Terms shall be construed by the laws of the State of California, without regard to any conflict of law provisions. These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions and also limit the remedies available to you in the event of a dispute.  You agree to bring any dispute arising under these Terms exclusively in the State and Federal courts of the State of California in Los Angeles County. 

 

TERMINATION

 

These Terms are effective unless and until terminated by Boy London. Boy London may terminate these Terms at any time and may do so immediately without notice and accordingly deny you access to the Site, if in the sole discretion of Boy London, you fail to comply with any term or provision of these Terms or if Boy London for any reason otherwise so decides to terminate. Upon any termination of these Terms, you must promptly destroy all materials downloaded or otherwise obtained from the Site as well as all copies of such materials, whether made under the terms of these Terms or otherwise.  

 

FORCE MAJEURE

 

Boy London will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. If a Force Majeure event occurs that affects Boy London's performance of its obligations under these Terms (a) Boy London will contact you as soon as reasonably possible to notify you (b) Boy London's obligation under these Terms will be suspended and the time for Boy London's performance of its obligation will be extended for the duration of the Force Majeure event. You may cancel the Services affected by a Force Majeure event that has continued for more than 30 days. To cancel please contact Boy London.  

 

QUESTIONS AND FEEDBACK

 

We welcome your questions, comments, and feedback.  Please send all questions, comments and feedback to us via email at web@boylondon.com.