mydeco website terms
The mydeco website (the website) is owned and operated by By Design (UK) Limited trading as ‘mydeco’ (mydeco) a company incorporated in England whose registered address is 42 Alie Street London E1 8DA and whose company number is 06019413.
This is the user agreement that governs your use of this website and the provision of the services we provide you. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these website terms at any time without further notice. If we do this, we will post the changes to these website terms on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the website after any such changes constitutes your acceptance of the new website terms. It is your responsibility to regularly check the website to determine if there have been changes to these website terms and to review such changes. Please the take time to read these terms as it is important for both of us that you understand our contractual relationship both relating to your use of our website and the services we provide you.
1. Specific terms relating to the purchase of a product
When we advertise a product for sale, (for example, if you have used our search capabilities to search for a product or if we have featured a product in Buy the Look), we are not offering to sell that product. Instead, we are inviting you to make an offer to buy the product from the third party supplier who is advertising that product on our site. In this respect mydeco operates to an agency model. This means that we act as a disclosed agent for third party suppliers, such as the retailer. Much like an estate agent, we also act as your agent and we are responsible to you for the proper performance of those agency services. These terms form the contractual basis of that agency service.
However, what that also means is that the final contract for the product itself will be between you and that supplier. Not between you and us. There is a difference between the agency services we provide (which involves the service of searching for the products) and the actual purchase of the product. Although you don’t pay us (we get paid by receiving commission from our suppliers) the price you will pay will, in nearly all cases, be the same as if you went to the suppliers direct.
In most cases this will mean that there are additional terms and conditions governing the contract for the purchase of the product as each supplier will have bespoke terms and conditions relating to the sale of its product. These will include terms relating to payment, delivery, returns etc.
Please make sure that you have read these terms and conditions before completing your transaction. All relevant terms and conditions will be available to you on the suppliers’ site through to which you will link once you a ready to buy.
As we act as agent this will mean that we have no contractual liability to you in respect of the purchase of a product. If there is a problem with the product then typically your contractual remedy will be against the supplier, not us. However, we may still be liable to you if we have been in breach of our agency services agreement (these terms), have been negligent, we have misrepresented important information or have been in breach of any other relevant law.
- mydeco uses sophisticated technology in both running its website and in sourcing the product. Very occasionally there may be times when obvious errors occur, for example when a price, product, service or other detail displayed or presented on the website is incorrect. In this case we reserve the right to cancel (or agree an amendment with you in respect of) any contract if it has been entered into and it contains this mistake. This, of course, will be without any liability to you.
2. Specific terms relating to the mydeco community
Whenever you make use of a feature that allows you to upload material and/ or add content to our website, or to make contact with other users of our website, you must comply with the content standards set out in our Acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty. Any material and/or add content you upload or to our website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose.
Specifically by posting user content to any part of the site, you automatically grant us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide licence (with the right to sublicence) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such user content for any in connection with the site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such user content, and to grant and authorise sublicenses of the foregoing. You acknowledge that we may retain archived copies of your user content.
We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our website.
We have the right to remove any material or posting you make on our website if, in our opinion, such material does not comply with the content standards set out in our Acceptable use policy.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use. When using our website, you must comply with the provisions of our Acceptable use policy.
- It is important that all the information you give us when you register as a member or otherwise when you use the website is correct. This includes, without limit, ensuring that we have your correct contact (including e-mail) details at all times.
We treat the security and method of processing your personal data very seriously.
We are registered on the Data Protection Register held by the Information Commissioner’s Office as a Data Controller under registration number: Z9836629 We will process your personal data solely in accordance with our Privacy Policy.
3. Terms relating to the mydeco DesignBoutique
- If you are using the mydeco DesignBoutique you must comply with the terms of the mydeco DesignBoutique.
4. General Terms relating to website use
- The following terms apply to your general use of our website:
- Access to our website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our website without notice (see below). We will not be liable if for any reason our website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our website, or our entire website, to users who have registered with us. You are responsible for making all arrangements necessary for you to have access to our website. You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms, and that they comply with them.
We are the owner or the licensee of all intellectual property rights in our website, and, save for our users content (where we are licensee), in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our website for your personal reference and you may draw the attention of others within your organisation to material posted on our website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our website must always be acknowledged. You must not use any part of the materials on our website for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our website in breach of these terms of use, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
- Commentary and other materials posted on our website are not intended to amount to definitive advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our website, or by anyone who may be informed of any of its contents.
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our website or in connection with the use, inability to use, or results of the use of our website, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
- This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses 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 material posted on it, or on any website linked to it.
You must not establish a link from any website that is not owned by you. Our website must not be framed on any other website, nor may you create a link to any part of our website other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Acceptable use policy.
If you wish to make any use of material on our website other than that set out above, please address your request to legal@mydeco.com.
