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Terms & Conditions

Welcome to Island Boutik!

 

Island Boutik provides access to the Boutik.mu website (the "website") and sells its products to you subject to the conditions set out on this page. These conditions are applicable to Island Boutik (hereafter referred to as “We/Us” and any party (hereafter referred to as “You”) visiting or using the site Boutik.mu to make a purchase.

 

Please read these conditions carefully before using the Boutik.mu website. By using Boutik.mu website, you signify your agreement to be bound by these conditions. In addition, when you use any current or future Island Boutik service (eg: Wish List), you will also be subject to the guidelines and conditions applicable to that service.

 

Please note that we reserve the right to make changes to our website, policies, and these Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Conditions of Use & Sale in force at the time that you use the website or that you order goods from us.

 

Conditions Relating to Your Use of Boutik.mu

 

1. Your Account

 

If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

 

Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the Your Account area of the website.

 

Island Boutik reserves the right to refuse access to the website, terminate accounts, remove or edit material submitted (e.g. Reviews), or cancel orders at our discretion. If we cancel an order, it will be without charge to you.

 

1.1. Children

 

Island Boutik does not sell products for purchase by children. We may sell children's products for purchase by adults. If you are under 18, you may use Island Boutik only with the involvement of a parent or guardian.

 

2. Privacy

 

Our Internet store allows you to buy products and services, receive special discounts, and receive newsletters, emails or other promotional information from us. We use the information that we collect about you to fulfill your product and service purchases and to create a more personalized online experience. As per our privacy policy, such information remains strictly confidential. We do not collect any financial information about you. All payments are processed by PayPal.

 

3. Perceived Quality of Product

 

Island Boutik endeavours to procure and sell goods of the highest quality. However, the production quality of cds and dvds from Mauritius and other islands of the Indian Ocean can vary greatly and, at times, may be perceived as being of a lower standard than one might prefer. This situation is beyond our control, and whilst we shall try our earnest to annotate such products on our website, you accept that you may buy a product that does not meet your local standard and that such a purchase will not affect any contract for the sale of goods that has been formed. This condition does not affect your statutory rights.

   

4. Access to Boutik.mu

 

We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

 

The site is presented “as is” and we cannot guarantee access at all times, nor can we held responsible for the inability of a customer to connect due to network or browser problems.

 

5. Licence for website access

 

Island Boutik grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Island Boutik. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

 

This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

 

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Boutik.mu without express written consent. You may not use any meta tags or any other "hidden text" utilising Boutik.mu name or trademarks without the express written consent of Island Boutik. Any unauthorised use terminates the permission or license granted by Island Boutik.

 

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of Boutik.mu as long as the link does not portray Island Boutik, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Island Boutik logo or other proprietary graphic or trademark as part of the link without our express written consent.

 

6. Your conduct

 

You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.

 

You understand that you, and not Island Boutik, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.

 

You must not use the website for any of the following:

  • For fraudulent purposes, or in connection with a criminal offence or other unlawful activity;
  • To send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam";
  • To cause annoyance, inconvenience or needless anxiety.

7. Reviews, comments, communications and other content

 

Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Island Boutik reserves the right (but not the obligation) to remove or edit any content.

 

If you do post content or submit material, and unless we indicate otherwise, you

  • grant Island Boutik a non-exclusive, royalty-free and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
  • Island Boutik the right to use the name that you submit in connection with such content, if they choose.

You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Island Boutik, including the execution of deeds and documents, at the request of Island Boutik.

 

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to Island Boutik: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Island Boutik policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Island Boutik for all claims brought by a third party against Island Boutik arising out of or in connection with a breach of any of these warranties.

 

8. Defamation claims

 

Because Island Boutik lists hundreds of products for sale on the website and hosts a large number of comments, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, Island Boutik operates on a "notice and takedown" basis. If you believe that any content on, or advertised for sale on, the website contains a defamatory statement, please notify us immediately. Island Boutik will make all reasonable endeavours to remove the defamatory content complained about within a reasonable time.

 

9. Copyright, authors' rights and database rights

 

All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Island Boutik, its affiliates or its content suppliers and is protected by United Kingdom and international copyright, authors' rights and database right laws. The compilation of all content on this website is the exclusive property of Island Boutik and is protected by United Kingdom and international copyright and database right laws. All software used on this website is the property of Island Boutik, our affiliates or our software suppliers and is protected by United Kingdom and international copyright and authors' rights laws.

 

You may not systematically extract and/or re-utilise parts of the contents of the website without Island Boutik's express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without Island Boutik's express written consent. You also may not create and/or publish your own database that features substantial (eg our prices and product listings) parts of this website without Island Boutik's express written consent.

 

10. Copyright claims

 

Island Boutik and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us immediately.

 

11. Trademarks

 

BOUTIK.MU, ISLANDBOUTIK.MU, ISLANDBOUTIQUE.MU, ISLAND BOUTIK, THE ISLAND BOUTIK LOGOS, ISLANDBOUTIK.COM, ISLANDBOUTIK.CO.UK, ISLANDBOUTIK.NET, ISLANDBOUTIK.ORG, ISLANDBOUTIQUE.NET, ISLANDBOUTIQUE.ORG, PIK SIME LA BOUTIK.MU, and other marks indicated on our website are trademarks or registered trademarks of Island Boutik in the European Union and/or other jurisdictions. Island Boutik's graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Island Boutik. Island Boutiks's trademarks and trade dress may not be used in connection with any product or service that is not Island Boutik's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Island Boutik. All other trademarks not owned by Island Boutik that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Island Boutik.

 

12. Our contract

 

When you place an order to purchase a product from Island Boutik, we will send you an email confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send email confirmation to you that we've dispatched that product to you (the "Dispatch Confirmation Email"). That acceptance will be complete at the time we send the Dispatch Confirmation Email to you. Any products on the same order which we have not confirmed in a Dispatch Confirmation Email to have been dispatched do not form part of that contract.

 

13. Returns

 

All sales are final. Island Boutik will only accept the return of a product if it is defective. Please notify us within fifteen (15) days of dispatch. All returns have to be authorised by email by Island Boutik and then made within 30 days of dispatch. We are not liable for the cost of returning products to us or for the safe delivery of any such products. Upon receipt of a returned product, a replacement will be sent to you immediately, provided the product is in stock. If the returned product is no longer in stock or has been discontinued, we shall contact you to offer an alternative one of similar value. If you do not wish to accept an alternative product, we shall offer the possibility of a refund in the form of a gift certificate equal to the price of the product (excluding the cost of postage and packing). If you do not wish to receive a gift certificate, we shall issue a refund to your PayPal account. We reserve the right to inspect returned items.

 

14. Pricing, availability and dispatch

 

We list availability information for products sold by us on the website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, we will inform you by email if any products you order turn out to be unavailable.

 

Despite our efforts, a small number of our products may be mispriced. Rest assured, however, that we verify prices as part of our dispatch procedures. If a product's correct price is lower than our stated price, we charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation.

 

15. Customs

 

When ordering goods from Island Boutik for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Island Boutik, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities. We decline responsibility for any product delivered to a country in the event that such delivery might contravene existing legislation of that country.

 

16. Risk of loss

 

All items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

 

17. Electronic communications

 

When you visit Boutik.mu or send emails to us, you are communicating with us electronically. We communicate with you by email or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

 

18. Losses

 

Island Boutik, including its owners, representatives and employees, will be responsible for any losses you suffer as a result of us breaching these conditions if the losses were reasonably foreseeable to both you and us when you commenced using the website, or a contract for the sale of goods by us to you was formed. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website or when a contract for the sale of goods by us to you was formed.

 

19. Alteration of Service or Amendments to the Conditions

 

We reserve the right to make changes to our website, policies, and these Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Conditions of Use & Sale in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

 

20. Events beyond our reasonable control

 

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

 

21. Waiver

 

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

 

22. Governing law and jurisdiction

 

These conditions are governed by and construed in accordance with the laws of the United Kingdom. You agree, as we do, to submit to the non-exclusive jurisdiction of the courts of the United Kingdom.

   

23. Our details

 

Boutik.mu is the trading name for Island Boutik Partnership.

 

This website is owned and operated by Island Boutik Partnership.

 

You may contact us by using the following link:

 

http://www.boutik.mu/help.php?Section=contactus&mode=update 

 
 
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