Terms of Service

CULT MIA LIMITED

WEBSITE TERMS OF USE

These Website Terms of Use govern your use of our website at https://cultmia.com/ (“Website”). By continuing to use our Website, you agree to be bound by these terms and conditions. We recommend that you check back regularly for any changes. Please read these terms and conditions carefully.

Last updated: 15 July 2021

• WHO WE ARE AND HOW TO CONTACT US

1. We own and operate the Website.
2. These terms and conditions (the “Terms”) and any other document referred to in these Terms govern the use of this Website.

• By using any part of our Website, you confirm that you accept these Terms and that you agree to comply with them. Every time you use a part of our Website, please check these Terms to ensure you understand the Terms which will apply at that time. We may revise these Terms from time to time for any reason, including to reflect changes in relevant laws and regulatory requirements so please check this page occasionally to ensure that you’re happy with any changes. 

1. We try to make the Website available at all times, but, of course, due to the inherent nature of online and internet-based services, we cannot guarantee this.
2. We may also update and change our Website from time to time to reflect changes to our products, our users' needs and our business priorities. 

• These Terms are only available in the English language and we will not retain copies of the contracts between us and you relating to the purchase of goods from our Website.  

1. Please read these Terms, our shipping and delivery policy, our returns policy and our related Privacy Policy carefully before you start to use the Website, as these will apply to your use of the Website and/or purchase of products. 

• If you purchase goods from our Website, you are purchasing them from the third-party retailers ("Brand Partner(s)") named on the Website. It is important that you understand that the contract for the purchase of the goods is between you and the relevant Brand Partner. We are acting as agent on behalf of the Brand Partners, which are the principals. You are not purchasing the goods from us and we are not responsible for our Brand Partners’ terms and business policies. We are authorised by the relevant Brand Partners to conclude the contract on their behalf, but we are not a party to that contract, and you are not purchasing the goods from us or through us as your agent. Therefore, the Brand Partners’ terms and conditions of sale will apply. A list of the Brand Partners and their terms and conditions can be found here. 

1. Our Website is made available free of charge and you are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms of use and other applicable terms and conditions, and that they comply with them.

• We do not guarantee that our Website, or any content on it, will always be available or be delivered uninterrupted, in a timely manner or error free. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. 

1. Our Website is directed to people residing in the UK. We do not represent that content available on or through our Website is appropriate for use or available in other locations.

• If you are viewing the Website from the UK, the product prices advertised on the Website from Brand Partners located within the UK [are inclusive of the VAT] charged by the relevant Brand Partner. Delivery costs are not included in the prices and will be charged in addition and can be found here.

1. If you choose to create an account, you must treat your user ID, password or any other piece of information as part of our security procedures as confidential. If you become aware of any misuse or unauthorised use of your registration details, then you must inform us immediately by contacting us on the details below.
2. We have the right to terminate or suspend your account and/or access to any part of the Website if in our reasonable opinion you have failed to comply with any of these Terms. If we suspend or terminate your access under your account, and you try to access any part of the Website via another account, we may suspend or terminate your access to that other account too.

• You can close your account at any time. 

We attempt to be as accurate as possible in the description of the products displayed on the Website. However, as the descriptions are based on information provided to us by the Brand Partners (who remain responsible for them), we cannot guarantee that all details are always accurate, complete or error free.

• OUR BRAND PARTNERS 

1. As stated above, the contract for the purchase of the products is between you and the relevant Brand Partner. We are acting as agent and are authorised by the relevant Brand Partner to conclude the contract with you on its behalf but we are not a party to that contract and you are not purchasing the products directly from us or through us acting as your agent.
2. We request that all Brand Partners using the Website have and maintain reasonable business policies which comply with our own business policies. We cannot, however, be responsible for the Brand Partners’ business policies. If you are unhappy with the product or service you have received from a Brand Partner, you should contact us, and we will liaise with the relevant Brand Partner to try and resolve the issue. 
3. Additionally, we implement high standards with our Brand Partners who endeavour not to offer flawed items or products of lower quality than the corresponding market standards for sale on the Website. However, if an item you have ordered is not as described, is flawed or of a lower quality, you should follow our returns policy, which can be found here.

• OUR CONTENT 

1. All content, materials, text, images, trademarks, brand names and logos on, and software in, the Website (and all intellectual property in such content) (“Our Content”) are owned by us or our licensors and are protected by UK and international copyright and other intellectual property laws.
2. No permission is given in respect of the use of Our Content (except with our prior written consent), and any such use may constitute an infringement or breach of the holder’s rights.

• USING CONTENT ON THE WEBSITE 

1. You are not in any circumstances permitted to:
   1. make commercial use of Our Content;
   2. breach or circumvent any laws, third-party rights or our policies;
   3. copy, adapt, vary, distribute, edit, modify, translate, transpose or permanently store, in part or in whole, any of Our Content, except as permitted in accordance with paragraph 12.2;
   4. photograph or record as or convert into video or audio, all or any part of the content on the Website;
   5. use content on the Website to compile a database of, or re-create the whole or substantial part of such content by making repeated and systematic copies of insubstantial parts of, any of the content;
   6. use the Website or its content for any illegal purpose and in particular you will not interfere with or disrupt the Website or the servers or networks connected to it or disobey any requirements, procedures, policies or regulations of networks connected to it;
   7. sublicense, sell or rent access to the Website or its content;
   8. to use the Website to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms; and
   9. remove, obscure or otherwise tamper with any copyright and proprietary notices that relate to or are contained within Our Content.
2. You are not permitted to print or download any available content from the Website without our prior written consent. If we consent to such use, you shall ensure that in each case:
   1. the copyright and source indications are also printed;
   2. no modifications are made to the materials and they are not used as part of any other publication or for any other purpose other than as permitted by us; 
   3. any document is printed entirely and is not used in a derogatory or misleading context; and
   4. the material is not used in a manner which may damage our reputation or otherwise be harmful to us or impair our ability to achieve our aims.

• RULES OF THE WEBSITE

1. You may not:
   1. impersonate another person or otherwise misrepresent your affiliation with a person or entity;
   2. harvest or otherwise collect or use information about others without their explicit consent;
   3. allow any other person or entity to use your log-in details or account for viewing the Website; and
   4. continue to use any part of the Website whilst your account is temporarily suspended or after your account has been permanently terminated.
2. You may use the Website only for lawful purposes. You may not use the Website:
   1. in any way that breaches any applicable local, national or international law or regulation;
   2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
   3. for the purpose of harming or attempting to harm minors in any way; or
   4. to knowingly transmit, send or upload any data or other material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
3. You also agree:
   1. not to reproduce, duplicate, copy or re-sell any part of the Website in contravention of the provisions of our Terms;
   2. not to access without authority, interfere with, damage or disrupt:
      1. any part of the Website;
      2. any equipment or network on which the Website is stored; 
      3. any software used in the provision of the Website; or 
      4. any equipment or network or software owned or used by any third party. 
4. You shall not carry out data mining, screen scraping or crawling of the Website, its pages or its content or use any process or processes that send automated queries to the Website unless you have obtained our prior written consent.

• SUSPENSION AND TERMINATION

1. We will determine, in our discretion, whether there has been a breach of these Terms in whole or in part, through your use of the Website. When a breach of these Terms has occurred, we may take such action as we deem appropriate.
2. Failure to comply with these Terms may result in our taking all or any of the following actions:
   1. immediate, temporary or permanent withdrawal of your right to use the Website;
   2. immediate, temporary or permanent removal of any communication made by you through the Website;
   3. issue of a warning to you;
   4. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from a breach;
   5. further legal action against you; and
   6. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

• PROMISES, LIABILITY AND DISCLAIMER

1. The Website is provided on an “as is” basis. To the fullest extent permissible under applicable law, we disclaim any and all promises, warranties, conditions, or representations relating to the Website and its content, whether express, implied, oral or written. In particular we do not make any promises as to the truth, accuracy, integrity, quality or completeness of the content or information that appears on or is sent through the Website and you should not rely on it being accurate, truthful or complete. To be clear, each user acts on his/her own behalf at all times and does not act as our representative or agent in any way.
2. You agree that your access and use of the Website and its content is at your own risk. The content and information that we make available on, or through, the Website is provided for information only and we are not responsible for, and do not endorse, any such information. 
3. To the fullest extent permitted by law, we exclude any and all liability for any loss of any nature suffered by you as a direct or indirect result of your use of any of the information or content available on, or through, the Website, or of making any decision, or refraining from making any such decision, based wholly or partly on any data or other information contained in the content available on, or through, the Website.
4. By using the Website, you acknowledge and accept the inherent risks, characteristics and limitations of the Internet, particularly in terms of technical performance of the Website, response times to view, verify or transfer information and the risks inherent in all third party links, connections and transfers via the Internet.  We make no promises in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer's functionality or operation including transmission arising from your download of any content, software you use to download the content, the Website, or the servers that make it available. In this respect you agree that it is your responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines. Any content downloaded or otherwise obtained through the use of the Website is done at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content.
5. Subject to paragraph 15.6, we will not be responsible or liable to any users browsing the pages of, or using, any part of the Website for any losses, whether direct, indirect, consequential or special, including financial loss or loss of data, opportunity, goodwill or reputation. Please note that we only provide the Website for domestic and private use and, as such, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
6. There are certain liabilities which we cannot exclude by law and nothing in these Terms excludes or limits our liability for the following:
   1. for death or personal injury caused by our negligence; 
   2. fraud or fraudulent misrepresentation; or
   3. any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude its liability. 
7. Except as mentioned above in paragraph 15.5, if we are found to be liable, our total liability in respect of all claims made against us in connection with the Website under these Terms shall be limited to £100.

• YOUR OBLIGATION TO REIMBURSE US IN CERTAIN CIRCUMSTANCES

You agree only to use the Website in accordance with these Terms. You agree that you will compensate us (and our employees, officers, agents and suppliers) in full for any damages, losses, costs and expenses, including reasonable legal fees we incur that arise out of any breach by you of these Terms (including any actions you take which disrupt access to and/or the functioning of the Website), or any liability we incur as a result of the use of the Website by you and any other person that uses your account as a result of your negligence.

• LINKS

1. You acknowledge that the Website may include links to third-party websites. We do not review these third-party websites nor have any control over them, and we are not responsible for the websites or their content or availability.
2. We do not therefore endorse, or make any representations about, them or any content found there or any results that may be obtained from using them.
3. If you decide to access any of these third-party websites, you do so entirely at your own risk.
4. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
5. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
6. You must not establish a link to our Website in any Website that is not owned by you.
7. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page.
8. We reserve the right to withdraw linking permission without notice.

• GENERAL

1. Severability. If a court find part of these Terms illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. 
2. Reliance on these Terms. We intend to rely on these written Terms and any document expressly referred to in them in relation to the subject matter of any contract between us.  We and you will be legally bound by these Terms. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on our behalf which is not set out in those documents.
3. Force majeure. We shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, any of our obligations under these Terms if such delay or failure results from events, circumstances or causes beyond our reasonable control.
4. Assignment. We may transfer this Agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will contact you to let you know if we plan to do this.
5. Waiver. If you breach these Terms and we choose to ignore your breach, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms again.
6. Third party rights. These Terms do not create any right enforceable by any person who is not a party to them (or any contract made under them), except that the provisions of these Terms may be enforced by any of our licensors subject to and in accordance with the Contracts (Rights of Third Parties) Act 1999. We will not need to get the agreement of you or any other person in order to make any changes to these Terms.
7. Dispute Resolution.
   1. If a dispute arises between you and us, we encourage you to first contact us directly to seek a resolution.
   2. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution Platform. 
8. Entire Agreement. These Terms constitute the entire agreement between you and us and they supersede any and all earlier agreements between you and us (whether written or oral). 
9. Governing law and jurisdiction. These Terms are governed by English law and you can bring legal proceedings in respect of these Terms in the English courts. If you live in Scotland you can bring legal proceedings in respect of these Terms in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of these Terms in either the Northern Irish or the English courts.

• CHANGES TO THESE TERMS

We may make changes to these Terms from time to time for any reason, including to reflect changes in relevant laws and regulatory requirements. We will send you an email with the modified Terms or by posting a copy of them on the Website. Any changes will take effect 7 days after the date of our email or the date on which we post the modified terms on the Website, whichever is earlier. If you continue to use the Website after that period has expired, it means that you accept any such changes. The modified Terms will not apply to any contracts that we have already entered into with you before the date the modified Terms came into effect.