Terms and Conditions
Terms and Conditions
OVERVIEW
This website is operated by Afterparty. Throughout the site, the terms “we”, “us” and “our” refer to Afterparty.
We offer this website, including all information, tools, products and services available from this site, to you, the user, subject to your acceptance of the terms, conditions, policies and notices stated here.
By visiting our site, browsing our content, purchasing products from us, making an enquiry, or using any of our services, you agree to be bound by these Terms and Conditions, including any additional terms and policies referenced on this website.
These Terms and Conditions apply to all users of the site, including customers, browsers, vendors, merchants, contributors of content, collaborators, brand partners and service users.
Please read these Terms and Conditions carefully before using our website. If you do not agree to these Terms and Conditions, you should not access the website, purchase from us or use our services.
Any new features, products, services, tools or resources added to the website will also be subject to these Terms and Conditions. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates to this page. Your continued use of the website following any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. Shopify provides the e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms and Conditions, you confirm that you are at least 18 years old or that you have the consent of a parent or legal guardian to use this site.
You must not use our products, services or website for any illegal or unauthorised purpose. You must not use the website in a way that violates any applicable laws or regulations, including intellectual property, consumer protection, data protection or online safety laws.
You must not transmit any viruses, malware, worms or other harmful code.
A breach of these Terms and Conditions may result in termination of your access to the website or services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone where permitted by law.
You understand that your content, excluding payment information, may be transferred unencrypted and may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Payment information is encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website, products, services, content, tools or access to the website without our express written permission.
The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - PRODUCTS, SERVICES AND BRAND ACTIVITY
Afterparty offers fashion, accessories, curated retail, product edits, promotional activity, brand collaborations and related creative or commercial services.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and may be subject to return, exchange or cancellation only in accordance with our Returns Policy and your statutory rights.
We reserve the right to limit the availability of products or services to any person, geographic region or jurisdiction where permitted by law. We may exercise this right on a case-by-case basis.
We reserve the right to limit quantities of any products or services that we offer. Product descriptions, service descriptions, availability and prices are subject to change without notice.
We reserve the right to discontinue any product or service at any time.
Where we provide collaboration, campaign, promotional, brand, retail or creative services, separate written terms, proposals or agreements may apply. If there is a conflict between those separate written terms and these Terms and Conditions, the separate written terms will apply to the relevant service.
SECTION 4 - ACCURACY OF INFORMATION
We aim to ensure that the information on our website is accurate, complete and up to date. However, we do not guarantee that all information made available on the site will be accurate, complete or current at all times.
The material on this site is provided for general information only. Any reliance on the material on this site is at your own risk.
This site may contain historical information. Historical information is provided for reference only and may not be current.
We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information except where required by law.
SECTION 5 - PRICES, PAYMENTS AND MODIFICATIONS
Prices for our products and services are subject to change without notice.
We reserve the right to modify, suspend or discontinue the website, products, services, features or content at any time, with or without notice.
We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the website, products or services, except where required by law.
SECTION 6 - PRODUCT IMAGES, COLOURS AND DESCRIPTIONS
We make every effort to display as accurately as possible the colours, images, details and descriptions of our products. However, we cannot guarantee that your device’s display of any colour will be accurate.
All descriptions of products, services, collections, edits and campaigns are subject to change at any time without notice.
We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations, although this does not affect your statutory rights.
SECTION 7 - ORDERS, BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse, limit or cancel any order where permitted by law.
We may, at our discretion, limit or cancel quantities purchased per person, per household, per order, per account, per payment method or per billing or delivery address.
If we make a change to or cancel an order, we may attempt to notify you using the email address, billing address, delivery address or phone number provided at the time the order was placed.
You agree to provide current, complete and accurate purchase, account and contact information for all purchases made through our store.
You agree to promptly update your account and other information, including your email address, delivery address, billing address and payment details, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 8 - RETURNS, EXCHANGES AND CANCELLATIONS
Returns, exchanges and cancellations are handled in accordance with our Returns Policy and your statutory rights.
Nothing in these Terms and Conditions is intended to limit or exclude any rights you may have under applicable consumer law.
Personalised, custom-made, hygiene-sensitive, final sale or limited-release items may be subject to different return conditions where permitted by law. Any such conditions will be made clear where applicable.
SECTION 9 - OPTIONAL TOOLS AND THIRD-PARTY SERVICES
We may provide access to third-party tools, apps, payment providers, fulfilment services, analytics services or integrations over which we do not have full control.
You acknowledge that third-party tools and services may be provided “as is” and “as available”, without warranties, representations or conditions from us, except where required by law.
Any use by you of optional third-party tools or services offered through the site is at your own discretion and risk. You should ensure that you are familiar with and approve of the terms on which those third-party tools or services are provided.
SECTION 10 - THIRD-PARTY LINKS
Certain content, products and services available through our website may include materials from third parties.
Third-party links on this site may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating the content, accuracy, policies or practices of third-party websites.
We do not warrant and will not have liability or responsibility for any third-party materials, websites, products or services, except where required by law.
Please review third-party policies and practices carefully before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products or services should be directed to the relevant third party.
SECTION 11 - USER COMMENTS, FEEDBACK AND SUBMISSIONS
If you send us creative ideas, suggestions, proposals, plans, images, reviews, feedback, comments, campaign ideas or other materials, whether online, by email, by post or otherwise, you agree that we may use those submissions where permitted by law and subject to any separate written agreement between us.
We are under no obligation to maintain comments or submissions in confidence, pay compensation for comments or submissions, or respond to comments or submissions, unless we have agreed otherwise in writing.
We may monitor, edit or remove content that we determine, in our discretion, to be unlawful, offensive, threatening, defamatory, obscene, abusive, misleading, infringing or otherwise objectionable.
You agree that your comments or submissions will not violate any right of any third party, including copyright, trade mark, privacy, personality, confidentiality or other personal or proprietary rights.
You must not submit false or misleading information, use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments or submissions.
SECTION 12 - PERSONAL INFORMATION
Your submission of personal information through the website is governed by our Privacy Policy.
Please review our Privacy Policy to understand how we collect, use, store and protect your personal information.
SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our website or in our services that contains typographical errors, inaccuracies or omissions. These may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, availability, campaign details or service descriptions.
We reserve the right to correct errors, inaccuracies or omissions, and to change or update information or cancel orders if information on the website or any related website is inaccurate at any time, including after you have submitted an order.
We are not obliged to update, amend or clarify information on the website, including pricing information, except where required by law.
No specified update or refresh date on the website should be taken to indicate that all information on the website has been modified or updated.
SECTION 14 - PROHIBITED USES
In addition to other prohibitions set out in these Terms and Conditions, you are prohibited from using the site, its content, products or services:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in unlawful acts;
(c) to violate any laws, regulations or rules;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate;
(f) to submit false or misleading information;
(g) to upload or transmit viruses, malware or any other type of harmful code;
(h) to collect or track the personal information of others unlawfully;
(i) to spam, phish, pharm, pretext, spider, crawl or scrape;
(j) for any obscene, abusive or immoral purpose;
(k) to interfere with or circumvent the security features of the website, related websites or the internet;
(l) to use our brand, content, images, products, campaigns or materials in a way that misleads others or implies an unauthorised association with Afterparty.
We reserve the right to terminate your use of the website or services for violating any prohibited uses.
SECTION 15 - INTELLECTUAL PROPERTY
All trade marks, logos, brand names, images, designs, graphics, copy, layouts, product edits, campaign concepts and content appearing on this website are owned by or licensed to Afterparty, unless otherwise stated.
You must not copy, reproduce, distribute, modify, publish, display, sell, license or exploit any part of our website, brand, products, content or materials without our prior written permission.
Nothing in these Terms and Conditions grants you any right or licence to use the Afterparty name, brand, trade marks, logos or content.
SECTION 16 - DISCLAIMER OF WARRANTIES
We do not guarantee, represent or warrant that your use of the website or services will be uninterrupted, timely, secure or error-free.
We do not warrant that the results obtained from the use of the website or services will be accurate or reliable.
You agree that from time to time we may remove the website or services for indefinite periods of time or cancel the website or services at any time, without notice.
The website, products and services delivered through the website are provided subject to any rights you have under applicable consumer law.
SECTION 17 - LIMITATION OF LIABILITY
Nothing in these Terms and Conditions excludes or limits liability where it would be unlawful to do so. This includes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, and any rights you have under applicable consumer law.
Subject to the above, Afterparty and its directors, officers, employees, affiliates, agents, contractors, suppliers, service providers and licensors shall not be liable for any indirect, incidental, punitive, special or consequential loss or damage arising from your use of the website, products or services.
We shall not be liable for loss of profits, loss of revenue, loss of savings, loss of data, loss of goodwill, business interruption or replacement costs, except where such liability cannot be excluded by law.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Afterparty and its directors, officers, employees, affiliates, agents, contractors, licensors, service providers, subcontractors and suppliers from any claim or demand made by a third party arising out of your breach of these Terms and Conditions, your misuse of the website or services, or your violation of any law or third-party rights.
This section does not affect your statutory rights as a consumer.
SECTION 19 - SEVERABILITY
If any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, that provision shall be enforceable to the fullest extent permitted by applicable law.
Any unenforceable portion shall be deemed severed from these Terms and Conditions. This will not affect the validity and enforceability of the remaining provisions.
SECTION 20 - TERMINATION
These Terms and Conditions remain effective unless and until terminated by either you or us.
You may terminate these Terms and Conditions at any time by ceasing to use the website and services.
If, in our sole judgment, you fail or we suspect that you have failed to comply with any term or provision of these Terms and Conditions, we may terminate this agreement at any time without notice and may deny you access to the website or services.
Any obligations and liabilities incurred before the termination date shall survive termination.
SECTION 21 - ENTIRE AGREEMENT
These Terms and Conditions, together with any policies or operating rules posted by us on this site or in relation to the website, products or services, constitute the entire agreement between you and us regarding your use of the website, products and services.
These Terms and Conditions supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, unless separate written terms have been agreed for a specific service, campaign, collaboration or brand partnership.
Any failure by us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of that right or provision.
SECTION 22 - GOVERNING LAW
These Terms and Conditions and any separate agreements whereby we provide products or services to you shall be governed by and construed in accordance with the laws of England and Wales.
The courts of England and Wales shall have exclusive jurisdiction, except where applicable consumer law gives you the right to bring proceedings in another part of the United Kingdom.
SECTION 23 - CHANGES TO TERMS AND CONDITIONS
You can review the most current version of these Terms and Conditions at any time on this page.
We reserve the right, at our discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website.
It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following any changes to these Terms and Conditions constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions about these Terms and Conditions should be sent to us at legal@afterparty.co.uk.