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Conditions of Use

CONDITIONS OF USE OF THE WEBSITE 

Welcome to our website www.viviennewestwood.com (the "Website" and/or “Site”/"our Site”). These conditions of use govern access to, and use of, the Website (“Conditions of Use”). Please read the following Conditions of Use of the Website carefully before using the Website. 
Use of the Website as well as the purchase of products on the Website implies the full acceptance of these Conditions of Use, and acknowledgment of its relevant mandatory nature. You are only authorised to use the Website if you agree to abide by all applicable laws and the terms of these Conditions of Use. If you do not agree to be bound by these Conditions of Use and to follow all applicable laws, you should not proceed with using the Services. 

This Website is managed and maintained by: 

  • Vivienne Westwood Limited, a company registered in England and Wales. Our company registration number is 02682271 and our registered office is at Westwood Studios, 9-15 Elcho Street, London SW11 4AU, United Kingdom and 
  • Vivienne Westwood S.r.l., an Italian company with registration number 1285346, VAT number 09315970153 and registered offices at Corso Venezia 25, 20121, Milan, Italy (hereinafter “Vivienne Westwood”). 

Use of the Website as well as the purchase of products on the Website, unless proven otherwise, implies the full acceptance of these Conditions of Use including but not limited to the Privacy Policy referred to in clause 1 below, and acknowledgment of their relevant mandatory nature. You are only authorised to use the Website if you agree to abide by all applicable laws and the terms of these Conditions of Use. If you do not agree to be bound by these Conditions of Use and to follow all applicable laws, you should not proceed with using the Website. 

Vivienne Westwood reserves the right, at its sole discretion, to modify these Conditions of Use from time to time. The use of the Website after such modifications constitutes, unless proven otherwise, your full acceptance of any revised Conditions of Use. 

Any amendment or update of the Conditions of Use shall be posted for our users on the home page of our Site as soon as such amendments or updates have been made and shall be binding as soon as they are published on the Website in this section. Therefore, you should regularly access the home page on the Website in order to check the publication of the most recent and updated Conditions of Use. If you do not agree to all or part of the Website’s Conditions of Use, please do not use our Website.

Lastly, as all materials will be downloaded or otherwise obtained by using the service at the user's choice and risk, any damage to computer systems or loss of data caused by the download operators shall be exclusively at the user's liability and cannot be attributed to Vivienne Westwood. To the extent permitted by applicable laws, Vivienne Westwood denies all liability for any damage resulting from the inaccessibility of the services on the site or any damage caused by viruses, damaged files, errors, omissions, service interruptions, deletion of contents, network, provider, telephone or connection issues, unauthorized access, alteration of data, or faulty and/or defective functioning of the electronic equipment belonging to the user. For any other legal information, visit the: Terms and Conditions of Sale, Return Policy, and Privacy Policy section on our Site.  

Please note this Website is solely for private, personal and non-commercial use, and the contents on this Website is presented for information and or promotional purposes only. The access to and use of the Website, including display of web pages, communication with Vivienne Westwood, downloading product information and making purchases on the Website, are carried out by our users exclusively for personal purposes, which should in no way be connected to any trade, business or professional activity. Remember that you will be solely liable for your use of Website and its contents. Vivienne Westwood shall not be considered liable for any use of the Website and its contents made by its users that are not compliant with the laws and regulations in force, without prejudice to Vivienne Westwood's liability for intentional torts and gross negligence. In particular, you will be solely liable for communicating information or data which is not correct, false or concerning third parties (in the event such third parties have not given their consent) as well as for any improper use of such data or information.

If you need assistance, please visit our Customer Service area, where you will find information on orders, shipping, refunds and returns of products purchased on the Website, a registration form, tips and other general information on the services provided by the Website. Click here to Contact us.

1. PRIVACY POLICY

We recommend that you carefully read the Privacy Policy before providing any personal data to us via this Website which also applies in the event that users access to Website and use the relevant services without making purchases. The Privacy Policy is available by clicking here and will help you understand how and for what purposes your personal data are processed when browsing the Site (including making purchases).

2. INTELLECTUAL PROPERTY RIGHTS

2.1 All content included on our Site, including information, texts, works, images, photographs, dialogues, music, sounds and videos, audio clips, illustrations, distinctive elements, documents, drawings, figures, logos, trademarks (whether registered or not), trade names, designs, and any other material published in any format, including menus, web pages, graphics, colours, screens, fonts and web design, diagrams, layouts, methods, processes, functions and software that are part of the Website (collectively, the “Contents”) including the implementation, layout, structure and organisation of the Contents, are protected by copyright and all other intellectual property rights by Vivienne Westwood Ltd, an English company with registered no 02682271 and registered offices at Westwood Studios, 9-15 Elcho Street, London SW11 4AU, United Kingdom - and/or other rights owners (including without limitation Vivienne Westwood Ltd’s affiliates). You may not reproduce in any form, in whole or in part, the Site and/or its Contents without the express written consent of Vivienne Westwood Ltd. 

2.2 Vivienne Westwood is fully committed to maintain, enforce, and protect its intellectual property throughout the world and take appropriate action against any infringement in order to ensure that its unique heritage be strongly preserved and fully respected.  

2.3 Vivienne Westwood Ltd has the exclusive right to authorize or prohibit any direct or indirect, temporary or permanent reproduction of the Website and its Contents in any way or form.

2.4 Regarding the use of the Website, you are solely authorized to view the Website and its Contents. You are also authorized to perform all temporary reproductions, without any personal financial gain, considered transitory or accessory, an integral and essential part of viewing the Website and its Contents, and all other navigation of the Website performed exclusively for legitimate use of the Website and its contents. You are not authorized to reproduce all or part of the Website and its Contents in any form. Any reproduction must be authorized on a case-by-case basis by Vivienne Westwood Ltd, or by the authors of the individual works contained in the Website if necessary. These reproductions must, in any case, be performed for legal purposes and in compliance with the copyright and other intellectual property rights of Vivienne Westwood and the authors of the individual works contained on the Website. The authors of individual works published on the Website have, at all times, the right to claim the ownership of their works and to oppose any deformation, alteration or other modification to them, including any damage caused to the works, to their honour or reputation. You undertake to respect the copyright of the artists who have chosen to publish their works on the Website or who have collaborated with us to create new expressive and artistic forms destined for publication, even if not exclusively on the Website, or which are an integral part of it. Furthermore, you are in no case authorized to use, in any way or form, the Contents of the Website and each individual work protected by copyright and other intellectual property rights. For example, you may not alter or modify in any way the Contents and works protected without the consent of Vivienne Westwood Ltd, and, where necessary, the individual authors of works published on the Website. 

3. LINKS TO OTHER WEB SITES 

3.1 This Website may contain links to other websites. Our Site may contain hypertext links ("links") to other websites which are in no way connected to our Site. Vivienne Westwood does not control or monitor these third-party websites or their contents and shall not be held liable for their contents and/or for the rules adopted by them regarding, but not limited to, your privacy and the processing of your personal data when you are visiting those websites. Please, therefore, pay attention when you access these websites through the links provided on the Website and read their Conditions of use and their privacy policies carefully. In fact, the Website's Conditions of Use and Privacy Policy do not apply to the websites of third parties not managed by Vivienne Westwood. Our Site provides links to other websites exclusively to help its users in searching and surfing the Internet and to allow links to websites on the Internet. When offering links to other websites, Vivienne Westwood does not recommend that its users access these websites or provide any guarantees as to the contents, services and products supplied and sold to users on them. Any question or comment related to these websites must be addressed to the relevant operators.

4. LINKS TO THE WEBSITE

4.1 If you are interested in linking to the home page or other pages on our Site, please Click here to email us. We ask that you contact us in order to request our consent to the Website. The activation of links is granted on request free of charge and non-exclusively by Vivienne Westwood. Vivienne Westwood is entitled to object to the activation of links to its website in the event that the applicant who intends to activate links to the Website has, in the past, adopted unfair commercial or business practices which are not generally adopted or accepted by market operators, or has made unfair competition activities vis-à-vis Vivienne Westwood or the latter's suppliers, or when Vivienne Westwood fears that such practices or such activities might be adopted by the applicant in the future. In any event, it is forbidden to post deep links (such as deep frames) to the Website or to use unauthorized meta-tags without Vivienne Westwood ‘s consent.

5. CONTENT DISCLAIMER

5.1 To the maximum extent permitted by law, this Website, its Contents and services are provided free of charge on an “as is” and “as available” basis. Vivienne Westwood works to ensure that the information made available through the Website is accurate and up to date. However, Vivienne Westwood cannot guarantee the accuracy of such information or that such information is free from errors or omissions and Vivienne Westwood makes no warranty and shall have no liability in respect of apparent (typing) errors. Vivienne Westwood reserves the right to update and/or correct the contents of the Website at any time without notice and without liability for apparent (typing) errors.

5.2 Vivienne Westwood has taken every measure possible to avoid publishing contents on the Website that describe or represent scenes or situations of physical or psychological violence that, according to the sensitivity of the Website users, could be seen as offensive to civil beliefs, human rights and dignity in all its forms and expressions. Vivienne Westwood does not warrant that the contents of the website are appropriate or lawful in other countries outside United Kingdom. However, in the event that such contents are deemed to be unlawful or illegal in some of these countries, please do not access this website. If you choose to access it nonetheless, we inform you that your use of the services provided by our Site is at your own exclusive and personal responsibility.

5.3 Vivienne Westwood has also taken every precaution necessary to ensure users that the Contents of the Website are accurate and do not contain incorrect or outdated information on their date of publication on the website and, as far as possible, afterwards. Nonetheless, Vivienne Westwood does not accept any liability to users for the accuracy or completeness of contents published on the Website, without prejudice to their liability for negligence or willful misconduct and other legal liability. Moreover, Vivienne Westwood cannot guarantee that the website will operate continuously, without any interruptions and errors due to the connection to the internet. In the event of any problem in using our website, please contact our Customer Service or Click here to email us. A provider representative will be at your disposal to assist and help you to restore your access to the website, as far as possible. In the same way, we also recommend you contact your internet services provider or check that each device for internet connection and access to web content is correctly activated, including your internet browser. Although Vivienne Westwood will do everything possible to ensure continuous access to their Website, the dynamic nature of the internet and its contents may not allow the Website to operate without any suspensions, interruptions or discontinuity due to updating the website. Vivienne Westwood has adopted adequate technical and organizational security measures to protect services on the Website, the integrity of data and electronic communications in order to prevent unauthorized use of or access to data, and prevent risks of dissemination, destruction and loss of data and confidential/non-confidential information regarding users of the Website, and to avoid unauthorized or unlawful access to such data and information.

6. OUR BUSINESS POLICY

6.1 Vivienne Westwood has a set business policy, and our mission consists of selling products through our services and website exclusively to "consumers", intended as any natural person acting on the Website for purposes which are outside his or her trade, business or professional activity (if any). If you are not a consumer, please do not use our services for purchasing products on the Website If you continue to use the site, Vivienne Westwood may refuse to accept purchase orders from persons other than consumers or any other purchase order which does not comply with the Conditions of Sale and these Conditions of Use.

7. APPLICABLE LEGISLATION

7.1 These Conditions of Use and any dispute arising out of or in relation to the same shall be governed by and will be interpreted in accordance with the laws of Italy, except otherwise provided under mandatory local legislation of your place of residence. All disputes arising out of or relating to these Conditions of Use or any disputes arising out of or relating to the Conditions of Use shall be submitted to the exclusive jurisdiction of Italian courts or the jurisdiction of the courts of your place of residence, if so provided under the applicable law.

7.2 Additionally, depending on your country of residence, different special conditions may apply to you regarding the use of the Website. Please check the “Localization section” of the Condition of use of the Website at the bottom of this page.

Last update: 19 December 2023 
 


LOCALIZATION SECTION

IF YOU HAVE RESIDENCE IN ONE OF THE COUNTRIES LISTED BELOW, PLEASE CHECK IN THE RELEVANT SECTION IF ANY SPECIFIC CLAUSE SHALL BE APPLIED. 

1.    AUSTRALIA
2.    AUSTRIA
3.    BELGIUM
4.    CANADA
5.    CHINA
6.    CZECH REPUBLIC
7.    FINLAND
8.    FRANCE&IRELAND
9.    GERMANY
10.    HONG KONG
11.    NEW ZELAND
12.    POLAND
13.    ROMANIA
14.    SPAIN
15.    SWEDEN
16.    SWITZERLAND
17.    THAILAND
18.    THE NETHERLANDS
19.    UNITED KINGDOM
20.    UNITED STATES

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AUSTRALIA
No amendments needed to comply with local laws.
***
AUSTRIA
No amendments needed to comply with local laws.
***
BELGIUM
No amendments needed to comply with local laws.
***
CANADA
No amendments needed to comply with local laws.
***
CHINA
No amendments needed to comply with local laws.
***
CZECH REPUBLIC
No amendments needed to comply with local laws.
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FINLAND
No amendments necessary to comply with local laws.
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FRANCE
No amendments needed to comply with local laws.
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IRELAND
No amendments needed to comply with local laws.
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GERMANY
No amendments needed to comply with local laws.
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HONG KONG 
No amendments needed to comply with local laws.
***
NEW ZEALAND
Contract and Commercial Law Act 2017 (previously Electronic Transactions Act 2002) contains important provisions which provide electronic information with the same legal status as paper-based information and set out rules for sending and receiving electronic communications, which may apply in certain instances if not agreed to by the parties.
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POLAND

IF YOU HAVE RESIDENCE IN POLAND, THE FOLLOWING CLAUSES (EXPRESSLY INDICATED ABOVE) WILL APPLY AS FOLLOW. THE CLAUSES NOT MENTIONED BELOW REMAIN UNAFFECTED: 

8. PROVISION OF SERVICES BY ELECTRONIC MEANS
8.1     Vivienne Westwood provides users with the following services via the Website:
a)    account registration form;
b)    account on the Website;
c)    login form;
d)    enabling users to place orders and conclude sales agreements, in accordance with the Conditions of Sale;
e)    presenting users with advertising content customized to their interests;
f)    enabling browsing through the content placed within the scope of the Website;
g)    newsletter.

8.2     The user may register on the Website and create an Account. The agreement for the provision of the electronic services between Vivienne Westwood and the user is concluded when the registration is confirmed by email. The agreement is concluded for an indefinite period. The user may terminate the agreement at any time by deleting the account. Vivienne Westwood may terminate the agreement if the user violates, while using the Website, the provisions of applicable law or the provisions of the Conditions of Use.

8.3     Proper use of the Website by the user is possible provided that the user's equipment and IT system meet the following minimum technical requirements:
a)    having one of the following operating systems: Microsoft® Windows® version 7, 8, 8.1, 10 or higher;
b)    having active and properly functioning Internet access;
c)    using one of the following web browsers: Google Chrome® for Windows® (version 52 or newer), Mozilla® Firefox® (version 48 or newer), Microsoft®, Edge® (version 34 or newer);
d)    acceptance of cookies by the aforementioned web browser and enabling Javascript.

8.4    It is forbidden for the user to take actions such as:
a)    sending or posting on the Website unsolicited commercial information or posting any content that violates the law (prohibition of posting illegal content);
b)    undertaking IT activities or any other activities aimed at obtaining information not intended for the user, including data of other users, or interfering with the rules or technical aspects of the functioning of the Website and making payments;
c)    unauthorized modification of the content provided by Vivienne Westwood, in particular the prices or product descriptions provided as part of the Website.

8.5    Complaints regarding the electronic services provided through the Website may be submitted by email to customer.service@viviennewestwood.com. Vivienne Westwood will consider the complaint and notify the user via email about its settlement within 14 (fourteen) days of receipt of the complaint.

8.6     Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may use out-of-court ways of dealing with complaints and claims in accordance with the procedure of
online dispute resolution developed by the European Commission. The platform is available at the following link: https://ec.europa.eu/consumers/odr.  

8.7 Vivienne Westwood informs that the consumer may obtain free assistance on the dispute between the consumer and the Vivienne Westwood, by contacting the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Information for consumers, including information on the possibility of obtaining assistance, is also available on the website of the President of the Office of Competition and Consumer Protection (www.uokik.gov.pl).
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ROMANIA
No amendments needed to comply with local laws.
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SPAIN
No amendments needed to comply with local laws.
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SWEDEN
No amendments needed to comply with local laws.
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SWITZERLAND

IF YOU HAVE RESIDENCE IN SWITZERLAND, THE FOLLOWING CLAUSES (EXPRESSLY INDICATED ABOVE) WILL APPLY AS FOLLOW. THE CLAUSES NOT MENTIONED BELOW REMAIN UNAFFECTED: 

Clause 7. APPLICABLE LEGISLATION
Applies as follow:

These Conditions and any dispute or claim arising out of or in connection with them or their subject matter, whether of a contractual or non-contractual nature, shall be governed by and construed in accordance with the laws of Switzerland. To settle any dispute regarding these Conditions and any and all dealings between us, you can initiate legal proceedings in the Swiss courts at your residence or in the English courts.
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THAILAND
No amendments needed to comply with local laws.
***
THE NETHERLANDS

IF YOU HAVE RESIDENCE IN THE NETHERLANDS, THE FOLLOWING CLAUSES (EXPRESSLY INDICATED ABOVE) WILL APPLY AS FOLLOW. THE CLAUSES NOT MENTIONED BELOW REMAIN UNAFFECTED: 

Clause 7.1 APPLICABLE LEGISLATION
applies as follows:
These Conditions of Use and any dispute arising out of or in relation to the same shall be governed by and will be interpreted in accordance with the laws of The Netherlands. All disputes arising out of or relating to these Conditions of Use or any disputes arising out of or relating to the Conditions of Use shall be submitted to the courts or the jurisdiction of the courts of your place of residence, if so provided under the applicable law.
***
UNITED KINGDOM
No amendments needed to comply with local laws.
***
UNITED STATES
IF YOU HAVE RESIDENCE IN UNITED STATES THE FOLLOWING CLAUSES (EXPRESSLY INDICATED ABOVE) WILL APPLY AS FOLLOW. THE CLAUSES NOT MENTIONED BELOW REMAIN UNAFFECTED: 


DISCLAIMERS AND LIMITS OF LIABILITY 

Clause 5 above shall be supplemented with the following:

No Warranties.
UNLESS WE EXPRESSLY WARRANT SOMETHING, WE DISCLAIM ALL WARRANTIES, INCLUDING THE FOLLOWING: ALL WARRANTIES ARISING BY OPERATION OF LAW OR OTHERWISE, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NON-ENCUMBRANCE, OR TITLE, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICES. WE DO NOT WARRANT THAT THE WEBSITE, PRODUCTS, OR SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. WE DO NOT WARRANT THAT YOUR ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THE WEBSITE WILL FUNCTION ERROR-FREE. 

Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW, UNLESS WE EXPRESSLY WARRANT SOMETHING, WE WILL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST CONTENT OR OTHER DATA, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FAILURE TO MEET ANY DUTY, INCLUDING GOOD FAITH OR REASONABLE CARE. THESE LIMITATIONS APPLY REGARDLESS OF THE FORESEEABILITY OF SUCH DAMAGES. 

Applicability. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability. Accordingly, some of the above limitations set forth above may not apply to you. 

CHOICE OF LAW AND JURISDICTION; ARBITRATION AND WAIVER OF CLASS ACTIONS

Clause 7 above shall be replaced by the following:

These Conditions contain the following “Arbitration Agreement” where you waive your right to a jury trial and to bring a class action.

What is arbitration?
Legal disputes are usually resolved in a court of law in front of a judge and, sometimes, a jury. Court cases are a matter of public record. Arbitration is a less formal and more private way of resolving disputes. Instead of going to court, the parties give their arguments and evidence to an arbitrator, and the arbitrator decides who “wins” the case by applying the law in the same way that a judge would. In fact, many arbitrators are retired judges or lawyers. Instead of a courtroom, arbitrations are generally held in a private office, such as a conference room, or by videoconference. 

What is our Arbitration Agreement?
ANY DISPUTE OR CLAIM BETWEEN YOU AND US RELATING TO YOUR USE OF THE WEBSITE, PRODUCTS, THESE CONDITIONS, THE PRIVACY POLICY, OR ANY OF THE OTHER APPLICABLE TERMS OR POLICIES MUST BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION. This includes contractual and non-contractual claims and means that we all agree that we will only resolve our legal disputes through arbitration and not in a court of law. Without this Arbitration Agreement, you would have the right to sue in court with a jury trial.

How will the arbitration work?
The arbitration must be filed and conducted through JAMS (https://www.jamsadr.com/), which is a provider of arbitration services in the United States and internationally. JAMS’ Streamlined Rules will apply to the arbitration. All claims, remedies, and defenses that either you or we have under applicable law (whether federal, state, or local) will remain available in the arbitration. Each of us will participate in choosing a neutral arbitrator using the process in the Streamlined Rules. Unless you waive this requirement, the final arbitration hearing (which is like a trial) will take place in person at the JAMS facility closest to your home, provided that either party may elect to conduct the hearing by remote means such as videoconference. The arbitrator’s award will consist of a written statement explaining the arbitrator’s decision on each claim. The award will also include a concise written statement of the findings of fact and conclusions of law on which the award is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. 

What law will the arbitrator follow?
The laws of the State of New York will govern these Conditions, and the arbitrator will apply New York law to the claims in the arbitration. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Who pays for the arbitration?
In most cases, the only fee you will have to pay to JAMS is the initial fee e.g., $250; we will pay all other arbitration costs. However, if the arbitrator decides that you filed your claim in bad faith and without any legal basis, the arbitrator can require you to pay more of the JAMS fees for the arbitration. 

The JAMS fees do not include attorney’s fees. Regardless of who wins the claim, you will be responsible for paying your attorney’s fees, and we will be responsible for paying ours. The only exception is if the claim is brought under a law that specifically allows a party to recover its attorney’s fees. If this applies, the arbitrator may award attorney’s fees as they see fit under such law. 

Are there any instances where a court will get involved?
Yes. There are things an arbitrator cannot do, like order a party to act or stop doing something—this is known as “equitable relief.” Either one of us can go to court and seek equitable relief, including by filing a motion to compel the other party to honor the Arbitration Agreement. However, you and we agree that the only courts where we will seek equitable relief—or file any legal proceeding outside of arbitration—are the state and federal courts located in New York, New York, which will have exclusive jurisdiction. This exception for equitable relief does not waive our Arbitration Agreement.

Can I file a class action?
No. You and we agree that we will only file claims against each other individually and not as a plaintiff or class member in a representative proceeding. THIS MEANS CLASS ACTIONS ARE NOT ALLOWED. 

LIMITED LICENSE; AND DMCA
Clause 2 above shall be supplemented with the following:
If you comply with the terms of these Conditions, the Vendor grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Website for the intended purpose. This license does not allow you reproduce, modify, duplicate, copy, sell, resell, distribute, transmit, or otherwise exploit (for any commercial purpose or otherwise) any part of the Website without prior written permission. The Vendor reserves all rights not expressly granted. 

You may create an account to access parts of the Website. You warrant that you will only provide complete and accurate information. It is also up to you to ensure your username and password are secure. You agree not to share your account login details with anyone else. If you believe your Account has been accessed without your permission, you should immediately notify us. If you violate this policy, we may terminate your account and your rights and licenses under these Conditions.

Just as we ask you and other users to respect our intellectual property rights, we respect rights of others; and we follow the takedown procedures in the Digital Millennium Copyright Act ("DMCA"). If you believe content on the Website violates your copyright, please immediately notify the Vendor by emailing a DMCA takedown notice ("Infringement Notice") to us with all of the following:

  • Identification of your copyrighted work.
  • A description of the content you believe infringes your copyright (the “Infringing Content”). 
  • Your name, address, telephone number, and email address.
  •  The name, address, telephone number, email address, or other information of the infringer.
  • A written statement by you that:
    - You believe in good faith that the use of the material that you claim to infringe your copyright is not authorized by the copyright owner or by law; and
    - You declare, under penalty of perjury, that your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.
  • Your signature as the copyright owner or a person authorized to act on behalf of the owner.

You should send your Infringement Notice to privacy@viviennewestwood.com  with the subject line “DMCA Infringement Notice,” and we will respond as required under the DMCA. The DMCA requires that your Infringement Notice be submitted in good faith. This means you are required to evaluate whether the use of your content on the Website is a “fair use.” If you are not sure, you should consult with an attorney. If you submit an Infringement Notice in bad faith, the user who posted the Infringing Content could have legal claims against you. Infringement Notices are not anonymous. If we act in response to your Infringement Notice, we will pass on your Infringement Notice for a response.

PROHIBITIONS
We impose certain restrictions on use of the Website. You are prohibited from doing the following: 

  • providing false, misleading, or inaccurate information in connection with the Website; 
  •  impersonating or misrepresenting affiliation or association with, any person or entity; 
  • modifying or changing the placement of any advertisement posted through the Website; 
  • harvesting or collecting data about users, including email addresses and phone numbers;
  • using any engine, software, tool, agent, or other mechanism (such as browsers, spiders, robots, avatars, AI, or intelligent agents) to harvest or collect information from the Website; 
  • attempting to probe, scan, or test the vulnerability of the Website, or any system or network, breaching security or authentication measures, or accessing content not intended for you; 
  • interfering with the use of the Website by any other user, host, or network, including (without limitation) by submitting malware, exploiting vulnerabilities, or through a DDoS attack; 
  • forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, the Website; and
  • attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce to a human-perceivable form any of the source code used in providing the Website, including without limitation any fraudulent effort to modify software or any other technological mechanism for measuring the number of impressions or clicks generated by the Website.

OTHER TERMS
Age. You warrant that you are at least 18 years old (or the age of majority in your jurisdiction).

Notice. You consent to receive notices, disclosures, and other communications electronically at your associated email address and agree these notices constitute communications in writing. 

Survival. The provisions of these Conditions which by their nature should survive termination shall survive such termination, including for dispute resolution, intellectual property, and disclaimers. 

Severability. If any provision of these Conditions is declared invalid, void, or unenforceable, then that provision is severable and shall not affect the validity and enforceability of the remaining provisions.

No Waiver. A waiver by either party of any term or condition of these Conditions, or any breach, in any one instance, will not waive that term or condition or any later breach.