Terms of Use

Introduction

The Discover Boutiques website is operated by Khojan Limited, trading as Discover Boutiques. By visiting www.discoverboutiques.com (which may subsequently be referred to as "Discover Boutiques", "we", "us", or "the website"), you are accepting the conditions set out in this terms of use. This document explains the terms that we require in order for you to use our services.

These terms of use are active from 1st February 2013.

Privacy Policy

You accept the conditions outlined in our privacy policy, which can be found by following this link www.discoverboutiques.com/privacy

 If you disagree with these terms of use or any part of these terms of use, you must not use our website.

Licence to use website

General

Unless otherwise stated, as between you and us we own the intellectual property rights in the website and the material on the website. This includes but it is not limited to logos, icon images, photographs, graphic illustrations, designs and scripts. We do not claim ownership rights over your user-generated content.
You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • reproduce, duplicate, copy or otherwise exploit material on the website for a commercial purpose;
  • edit or otherwise modify any material that you do not own on the website; or
  • redistribute material from the website except for content specifically and expressly made available for redistribution (such as our newsletter).

Account and Registration Conditions

When you register with us you are asked to create a username, fill in your real name, email address, address and then a password.

We ask that you create a strong password which contains a mixture of letters, numbers, and cases.

You agree with the following:

  • All your account information is accurate and up to date. You will regularly update information when required and will not create abusive or offensive usernames;
  • You will not impersonate people upon registration or sell your account and/or any details;
  • That you are fully responsible for your account and any action that may entail.
  • You will treat your password as confidential and will not disclose it to any third party.
  • If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

If you are not 18 years old or over, please do not register with Discover Boutiques or use the website, the adult age being at least 18 years old.

We reserve the right to terminate your account at any time without notification, and to delete any unconfirmed or inactive accounts. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion.

E-commerce conditions

Discover Boutiques acts as a venue to allow approved third party boutiques ("boutiques") to list and sell items. Users of the website ("customers") can then buy these items from those boutiques, at a fixed price.

Discover Boutiques is not directly involved in the transaction between customers and boutiques. Therefore Discover Boutiques has no control over the quality, availability, safety, morality or legality of any aspect of the items listed, the truth in description and the ability of customers to complete the transaction including paying for an item or the boutiques posting the item. The contractual terms and conditions of sale under which customers buy items from boutiques on the website ("sale terms and conditions") will appear during the buying process and must be accepted by the customer in order to complete the purchase. The contract for the purchase of the item is between the customer and the boutique, and the customer will not be able to proceed to purchase an item without accepting such terms and conditions.

All users are solely responsible for all transactions they enter into, any content they create, any items they list, and any disputes that may arise with the boutique, although Discover Boutiques may at its sole discretion decide to assist with disputes.
Discover Boutiques does not transfer legal ownership of items from the boutique to the customer – this is done by the boutique, subject to the sale terms and conditions.

In order to minimise disputes and errors, please use features such as messages or phone number to contact the boutiques if you have any queries prior to completing the transaction. Please do not contact Discover Boutiques with such queries.

We rely on boutiques to update us concerning the availability of their goods for sale. We therefore cannot give any warranty, guarantee or representation that any goods offered for sale on the website are in fact available for purchase.

Policies and Compliance

You agree to abide by all local laws regarding online conduct and acceptable content and accept responsibility for all applicable taxes. You are also responsible for any VAT/tax records.

It is your responsibility to comply with all applicable legislation including, without limitation, each of the following (as they have been or may be amended or replaced):

  • Sale of Goods Act 1979
  • Consumer Protection (Distance Selling) Regulations
  • Electronic Commerce (EC Directive) Regulations

You agree that Discover Boutiques is not responsible for any other users' content, items, transactions, boutique profiles, policies, photos, actions or inactions.

Payment Processor

The website uses Paypal to complete all payment activities between boutiques and customers. In order to use Paypal, you must separately accept Paypal's terms of use. You recognise that Discover Boutiques does not act as an electronic payment processor.

We will not be liable to you for any claim or liability relating to the provision (including non-availability) of the Paypal facility.

Notification from Paypal

We may receive payment notifications from Paypal. These include notifications of payment from customer to boutique.

Fees and Subscriptions

Signing up to Discover Boutiques and displaying your profile is free. Your profile includes the "About us", "Profile photo", "Messages" , "Map" and "Contact details".

If you would like to sell items and use the boutique management features you are required to sign up for a boutique subscription contract, supplied separately.

The website provides electronic invoices via email and in your profile only, and by registering you agree to this.

We may deactivate or delete your account if we consider that you have been involved in any fraudulent activity on or in connection with the website.

You can terminate your account by sending us an email.

If you have any questions please contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Acceptable use

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.

You must not use our website to transmit or send unsolicited commercial communications or spam other users.

You must not use our website for any purposes related to marketing without our express written consent.

You must not post content in inappropriate places or transfer your account to another user, without our permission.

If we believe any misuse at all has occurred on the website, we reserve the right to remove your account without any notification.

Community

Discover Boutiques is a community and therefore relies on its users to keep the platform clean and healthy. If you suspect that there is an illegal activity, or misuse occurring, please email us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it and we will investigate.

Dispute Resolution

Discover Boutiques encourages users to use all tools possible throughout the website to minimise disputes. This may include detailed descriptions and policies and using the contact details provided.

Discover Boutiques may assist in dispute resolution between two parties. We do so in our sole discretion and we have no obligation to assist in disputes.

If a dispute arises please email us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it

User generated content

In these terms of use, "your user content" means material (including without limitation text, images, audio material, video material, items you list and audio-visual material) that you submit to our website, for whatever purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content on the website for purposes connected with the use and promotion of the website.

You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. You warrant that your user content will comply with the standards set out in this paragraph, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

We reserve the right to edit or remove any material submitted to the website, or stored on our servers, or hosted or published upon the website.

Notwithstanding our rights under these terms of use, in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, the website.

Sales

All sales made through Discover Boutiques are binding on both parties (the customer and the boutique). As stated above, the sale will be subject to the boutique's legal terms and conditions. Under those terms and conditions the customer will be required to pay the correct amount including delivery within the stated time and the boutique will be required to post the item when the payment is received and confirmed, within the delivery time stated. This is all unless exceptional circumstances occur; in that case please contact the respective boutique or customer to find a resolution. Discover Boutiques may offer help with the dispute but is not obligated to help at any time.

When an order is placed, customers will receive email messages with status updates when these are initiated by the boutique.

Limited warranties

Whilst we endeavour to ensure that the information on this website (excluding user content) 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.

Discover Boutiques does not guarantee continuous access to the website, and there may interruptions outside our control.

Limitations of liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site.

If you are a business user, please note that in particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Discover Boutiques does not sell any items on the website. Any item sold through the website is sold by the relevant third party boutique direct to the customer (the buyer). The contract of sale is between the third party boutique and the customer, under the third party boutique's terms and conditions of sale which the customer will be required to accept before completing the purchase. Discover Boutiques is not a party to any such contract of sale and does not have any liability to you under any such contract. Limitations and exclusions of liability may be contained in the third party boutique's terms and conditions of supply, and you should read those terms and conditions carefully before completing a purchase of any item.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

If notwithstanding the above exclusions we are found to be liable to you for any reason, our maximum liability in relation to any event or series of related events will be limited to £100.

Disputes with other users

If you have a dispute with one or more other users of the website, you release us (and our officers, directors, and employees) from any claims, demands, damages (actual or and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Breaches of these terms of use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Copyright Infringement

If you suspect there is copyright infringement or unauthorised trademark use, please email us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Nothing in this agreement permits or implies permission for users to use any third parties' name, trademark or logo or any other intellectual property without express permission for such use.

Variation

We may revise these terms of use from time to time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use 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 of use.

Severability

If a provision of these terms of use 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 of use 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 of use is not subject to the consent of any third party.

Entire agreement

These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website. However, if you are a boutique with a service agreement with us, the terms of that service agreement also apply, and in the event of any conflict between the service agreement and these terms of use and/or the privacy policy, the service agreement will prevail over these terms of use which in turn will prevail over the privacy policy, in each case to the extent necessary to resolve the dispute.

Law and jurisdiction

These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the exclusive jurisdiction of the courts of England.

Our details

The full name of our company is Khojan Limited.

We are registered in England & Wales under registration number 06673954

Our registered address is

145-147 St John Street
London
EC1V 4PW

You can contact us by email at This e-mail address is being protected from spambots. You need JavaScript enabled to view it