Terms Of Use

Introduction

These terms of use (the “Agreement” or “Terms of Use”), the Privacy Policy, the Intellectual Property Policy, the Cookies Policy, the Fees Policy, the Returns Policy and any other policies published from time to time on the Site (together, the “Policies”) set out the legally binding terms and conditions for your use of the website located at inimitableme.com and all services provided on the Site. Please read this Agreement and the Policies carefully before using the Site and the InimitableMe services. In the event of any conflict or inconsistency between the terms of any of the Policies and these Terms of Use, these Terms of Use shall prevail.

The Terms of Use govern your use of the Service and the Site. By using the Site or Service in any manner, including without limitation visiting or browsing the Site, you are stating that you have read and understand, and agree to be bound by, these Terms of Use. You agree that these Terms of Use incorporate and include InimitableMe Agreement and Privacy Policies. This Agreement and the Policies apply to all users of the Site, including without limitation users who are customers, contributors of content, information and other materials or services on the Site.

Certain portions of the Site may not be available to you unless you have registered. If you do not agree to be bound by these Terms of Use and the Privacy Policy, you may not use the Service or Site in any way.

InimitableMe website

InimitableMe is a website that provides users with access to sales of fashion items online (New and Pre-Owned fashion goods within a fixed-price format) and related services. You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.

You acknowledge and agree that brands identified on the Site are not involved in the authentication of the products being sold, and none of the brands sold assumes any responsibility for any products purchased from or through the website. Brands sold on the Site are not partnered or affiliated with InimitableMe in any manner.

Membership Eligibility

InimitableMe services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. InimitableMe may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. Certain portions of the Site may not be available to you unless you have registered. If you do not agree to be bound by these Terms of Use and the Privacy Policy, you may not use the Service or Site in any way. This provision is void where prohibited by local law and the right to access the Site is revoked in such jurisdictions.

You are not permitted to access the Service or Site if your account has been suspended or removed by InimitableMe for any reason. You may not have more than one active account. Additionally, you are prohibited from selling, trading, or otherwise transferring your InimitableMe account to another party. If you do not meet the foregoing eligibility requirements, you may not use the Service or the Site.

Compliance: You agree to comply with all applicable laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by this Agreement and the Policies, as well as all other operating rules and procedures that may be published from time to time on the Site by InimitableMe, each of which is incorporated herein by reference. In addition, some services offered through the Site may be subject to additional terms and conditions published by InimitableMe from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address.

You represent and warrant that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United Kingdom or any other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or InimitableMe has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, InimitableMe has the right to suspend or terminate your account and refuse any and all current or future use of the Site and Service (or any portion thereof). If you use the Site or Service, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. InimitableMe reserve the right to refuse service, terminate accounts or remove or edit content in its sole discretion for any reason or no reason.

Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify InimitableMe of any unauthorised use of your password or any breach of security. You also agree that InimitableMe cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and/or password information to any other party other than InimitableMe without InimitableMe’s prior written permission.

Right to Refuse Service: InimitableMe reserve the right to refuse service to anyone at any time in InimitableMe’s sole discretion.

Fees and Services

Changes to the Fees Policy and the fees for InimitableMe’s services may be made in accordance with Terms of Use. InimitableMe may, at its sole discretion, change some or all of InimitableMe’s services at any time. In the event, InimitableMe introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in UK Pounds (GBP).

Terms of Sale

If you place an order, this will be your offer to purchase the items from us. We will acknowledge your order as soon as possible but will be under no obligation to supply the products ordered unless we have the products in stock and they are available at the prices specified.
If items that you order are out of stock, subject to a delay or the price is higher than that shown on your order, we will try to contact you at the email address you provided when placing your order. If we cannot contact you or receive no response to our email, we will continue to process the remaining items on your order. We will not supply a substitute product without your express authority.

We have made every effort to display as accurately as possible the colours of our products that appear on InimitableMe. However, colours vary from camera to camera as well as computer monitors vary, we cannot guarantee that your monitor’s display of any colours will be completely accurate. When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card. Once your order has been processed (fulfilled) you will receive shipping information, which will include your tracking details.

Price and Payment

We try to ensure that all details, descriptions and prices that appear on our website are accurate, however, errors may occur. If we discover an error in pricing we will notify you immediately by either correcting the price or cancelling your order. We reserve the right to correct any errors, inaccuracies and to change or update information at any time without prior notice, either in an increase or decrease of goods, or remove or vary services. Therefore the payment of goods will not be reimbursed if the order has been placed after the price change. We reserve the right to refuse to fulfil any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.

No Warranty

InimitableMe and its representatives provide the site and services “as is” and, to the extent permitted by applicable law, all implied warranties (including without limitation warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement) are excluded. In addition, no advice or information (oral or written) obtained by you from InimitableMe shall create any warranty.

Liability Limit

In no event shall InimitableMe, and (as applicable) its representatives be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the site, InimitableMe’s services, or this agreement, including without limitation, lost profits, bodily injury, emotional distress, or any special, incidental or consequential damages. Notwithstanding the foregoing, nothing in this agreement shall exclude InimitableMe’s liability for causes of action which may not be excluded by applicable law, including liability for fraudulent misrepresentation, death or personal injury due to InimitableMe or its representatives’ negligence.

If, notwithstanding the preceding paragraphs, InimitableMe or its representatives are found to be liable, InimitableMe’s liability, and (as applicable) the liability of InimitableMe’s representatives to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees you pay to InimitableMe in the twelve (12) months prior to the action giving rise to liability, and (b) £100.

Indemnity

You agree to indemnify and hold InimitableMe and (as applicable) InimitableMe’s representatives harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any applicable law or the rights of a third party.

No Guarantee

InimitableMe does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside InimitableMe’s control.

Force Majeure

InimitableMe shall be excused from performance under these Terms of Usage, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labour strikes, or (5) other causes beyond the reasonable control of InimitableMe. In the event that InimitableMe is temporarily unable to despatch to you a purchased item because of such an event, InimitableMe will give you the option of deferring shipment or receiving a refund of your charges.

Taxes

You shall comply with all applicable domestic and international laws and regulations regarding your use of the Site and any InimitableMe service. In addition, you shall be responsible for paying any and all taxes applicable to any purchases of items you make on the Site.

Severability

If and to the extent that any provision of this Agreement is held unenforceable, then such provision will to the extent permitted by applicable law be modified to reflect the parties’ intention. If the provision is not capable of being modified in accordance with applicable law, the provision will be given no effect and will be deemed not to be included in this Agreement, but all remaining provisions of this Agreement shall remain in full force and effect.

Changes to InimitableMe Services and Policies

InimitableMe reserve the right to modify or terminate the InimitableMe service for any reason, without notice, at any time.

InimitableMe reserve the right to alter these Terms of Use and the Policies at any time, so please review these Terms of Use and the Policies frequently. Any changes to the Fees Policy and increases to the fees for InimitableMe’s services are effective thirty (30) days after InimitableMe amends this page. Any decrease to the fees for InimitableMe’s services and any changes to these Terms of Use and the other Policies will be effective immediately upon InimitableMe amending this page.

If InimitableMe makes a material change to the Terms of Use or the Policies, InimitableMe may also notify you by email, by means of a notice on our home page, or other places InimitableMe deems appropriate. What constitutes a “material change” will be determined at InimitableMe’s sole discretion, in good faith, and using common sense and reasonable judgment.

Choice of Law and Jurisdiction

This Agreement and any non-contractual obligations arising out of or in connection with this Agreement shall be interpreted and governed by the laws of England and Wales.

Except as expressly provided otherwise in this Agreement, the English courts shall have exclusive jurisdiction in relation to all disputes arising out of or in connection with this Agreement (including claims for set-off and counterclaims), including disputes arising out of or in connection with: (I) the creation, validity, effect, interpretation, performance or non-performance of, or the legal relationships established by, this Agreement; and (ii) any non-contractual obligations arising out of or in connection with this Agreement.

No Rights Under the Contracts (Rights of Third Parties) Act 1999

A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.