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LEGAL NOTICES AND GENERAL CONDITIONS FOR USE OF THE SERVICES OFFERED

 

This Website is owned and operated by My Shopping Date Ltd ('we'/'us'/'our'), a limited company (trading as My Shopping Date), registered in England and Wales under company number: 10617335. My Shopping Date is VAT registered in UK: 269411391.

Our email address is contact@myshoppingdate.com.

 

Attention: If you do not agree with all or some of the general usage conditions below, you are strongly recommended not to use www.myshoppingdate.com.

The aim of these legal notices and general conditions is to set out the conditions and procedures applicable to the free online personal stylist search and booking service. These general conditions may be added to or amended by specific conditions and usage procedures particular to certain features.

The service is only for individuals able to enter into contracts pursuant to English law. Users of www.myshoppingdate.com are considered to be anyone who visits the site or its applications and/or uses the site or its applications and the associated services.

 

ACCEPTANCE OF THE GENERAL CONDITIONS

My Shopping Date provides a free online personal stylist search and booking service to users in exchange for unconditional acceptance of these general conditions.

Users declare and acknowledge that they have read all the terms of these general conditions. Furthermore, by using any of the services offered on the site, which can be accessed at www.myshoppingdate.com, users unconditionally accept these general conditions.

My Shopping Date reserves the right to change these general conditions at any time, in whole or in part. As such, it is the user's responsibility to regularly view the latest version of the general conditions shown at https://www.myshoppingdate.com/terms-condition/. Users are considered as having accepted this latest version every time they log on to the My Shopping Date website.

If users do not adhere to these general conditions, My Shopping Date Ltd reserves the right to suspend the services and/or refuse access to a service without warning.

 

DESCRIPTION OF THE SERVICE

Search for and book a personal stylist online in real time

The My Shopping Date website allows users to search for and book a personal stylist online in real time.

Benefit from promotions and special offers from the personal stylists listed on My Shopping Date

The My Shopping Date website allows users to benefit from promotions or special offers from the personal stylists listed on the site, provided that the reservations are made using the dedicated reservation procedure in The My Shopping Date website's reservation module. Not all personal stylists have promotions or special offers. The conditions of validity for these promotions are explained on The My Shopping Date website.

Associated personalised services

By setting up an account on The My Shopping Date website, users can make reservations without having to re-enter their contact details, and, thanks to My Shopping Date Ltd's business agreements, users can benefit from exclusive offers with personal stylists.

Warning

Users are responsible for making any checks that may seem necessary or prudent before making a reservation at one of the personal stylists listed on The My Shopping Date website. My Shopping Date Ltd does not guarantee in any way the products, services and/or business practices of third parties listed on its site. Therefore, My Shopping Date Ltd cannot guarantee that users will be satisfied with the products, services and/or business practices to which they are exposed as a result of making a reservation on The My Shopping Date website.

 

NATURE OF THE SERVICE

The services offered and described in these general conditions are free of charge.

Prices may be charged if the services offered change, or as a result of network changes, changes in technology and/or legal constraints. Users will be duly notified of this by a modification to these general conditions or by My Shopping Date adding special conditions about these paid-for services to its website.

Important information

Users who make use of the My Shopping Date website in line with these general conditions can do so free of charge.

However, users acknowledge that the My Shopping Date website also provides paid-for services. For example, following a reservation made via the My Shopping Date website, users acknowledge and accept that the service provided to the third-party personal stylist listed on the My Shopping Date website is a paid-for service.

If My Shopping Date Ltd supplies on its My Shopping Date website details on prices or a range of prices of a third-party provider listed on its site, this information is under the third-party responsibility.

In some case, the third party can ask to receive an additional payment (travel fares, a percentage of purchases, etc.). My Shopping Date Ltd does not guarantee the accuracy of this information and does not authorize the third party to be paid via the My Shopping Date website for these additional expenses.

Also, the My Shopping Date website may contain links to third-party websites, which are owned and operated by retailers or service providers working independently of My Shopping Date Ltd. These third parties may require users to pay a fee for using certain content or services supplied on the third-party website. Therefore, users are responsible for making any necessary and prudent checks as to whether payment will be required and the nature of the payment procedures before entering into a transaction with third parties. My Shopping Date Ltd cannot under any circumstances be connected with the services provided by third parties and/or the third-party websites in question.

My Shopping Date encourages User and Personal Stylist to meet in a public place to discuss the planning of the following hours. 

Booking payment, cancellation and dispute

To confirm a reservation of a personal stylist’s service, the user has to pay during the booking process. The payment is placed in an escrow account and will be released to the personal stylist 7 days after the service is provided unless a dispute is open. In this case, My Shopping Date must receive in this period an email entitled “Dispute: personal stylist’s nameuser’s name” at contact@myshoppingdate.com to retain the payment until a positive solution has been found.

Users and personal stylist are free to reschedule the service booked, but if a cancellation is done by:

- The User less than 7 days before the date of the service the refund could be partial.

- In case of "No-Show" by the User, no refund will be done.

- The personal stylist, for any reason, the user is totally refunded and My Shopping Date will charge the personal stylist £20.

Redeem a Gift Card

To redeem a Gift Card the user must contact My Shopping Date by email at contact@myshoppingdate.com with object "Redeem Gift Card number XXXX". My Shopping Date will then contact the user to arrange the service.

Gift Cards are not exchangeable or refundable and the service must be provided before the expiry date. Due to the nature of the services offered by personal stylists registered on My Shopping Date the user understand and agree that the service could be provided at any place suiting the personal stylist. If no personal stylist is available at the location and date chosen by the user, My Shopping Date could not be held for responsible. 

 

SPECIFIC INFORMATION FOR PERSONAL STYLISTS

The profile will be checked and validated by the My Shopping Date team once completed and payment was done. Until this validation is over, the personal stylist will be unable to trade by using our website. 

The checking includes at least diploma or previous client reviews. This process takes usually less than two working days. Unless you field a correct referral code during the subscription, you have to send us this information by an email titled “Vetting: your name” at contact@myshoppingdate.com.

If My Shopping Date decides to provide a voucher, reduction or other special discounts to customers in order to boost the activity of personal stylists, they accept to apply these commercial offers unless they appear as unavailable in their calendar for the period of the offer.

My Shopping Date's offers and others fees 

My Shopping Date's fees are fully displayed on the website during the registration process. My Shopping Date charges personal stylists a subscription fee and/or a booking fee.

In the case, My Shopping Date decides to offer paid option to registered personal stylists the price will be clearly mentioned in the correspondence or here.

The personal stylist acknowledges that My Shopping Date uses a third-party to manage the payment done by clients in order to comply with laws and rules. Stripe has been chosen to manage and check the payment. Due to the relationship between the personal stylist and the client, payment fees are charged by Stripe to the personal stylist. To know more about Stripe's fees, please visit their website.

Suspension of the account:

We don’t desire suspended accounts but to ensure that the website user will enjoy the service, we can temporarily suspend a personal stylist’s account. We could take this decision in particular if:

  • Multiple negative reviews have been done and the service provided had not been improved after warning by My Shopping Date.
  • The personal stylist shares in public negative reviews on services provided by other personal stylists or My Shopping Date.
  • The personal stylist owes My Shopping Date £100 and over.

 

OPENING AN ACCOUNT - IDENTIFICATION - PROOF

EXCHANGE OF INFORMATION

From the time the account is set up, users are allocated a username and password (hereafter "Identifying Information") so that they can access their private account.

Confidentiality of Identifying Information

Identifying Information is personal and confidential. It can only be changed if the user requests it to be changed, or on the initiative of My Shopping Date Ltd.

Users alone are fully responsible for using their Identifying Information and agree to make all efforts to keep their Identifying Information confidential and not to reveal it to any person in any form.

If their Identifying Information is lost or stolen, users are responsible for any harmful consequences of this loss or theft, and must follow, as soon as possible.

Agreement on proof

The parties explicitly agree that:

  • the presence of an ID code validly identifies the author of a document or message and proves the authenticity of a document or message;
  • an electronic document containing an ID code has the same validity as a document signed by the issuing person;
  • the parties may print out an electronic message from electronic messaging software to prove the content of their exchanges regarding the performance of these general conditions.

Exchange of information

Users agree to the use of electronic messaging to send the information they request regarding the completion or performance of the contract.

 

PERSONAL DATA PROTECTION

My Shopping Date Ltd, in strict compliance with current law and regulations, wishes to collect certain information. This information is collected in accordance with provisions of data protection law to give users an optimum experience of the My Shopping Date website. You will find further information in our Privacy Policy.

Warning

Users acknowledge that, generally and given the current state of technological progress, every time they publish information online, this information can be collected and used by third parties. Therefore, users shall not hold My Shopping Date responsible for any liability or harmful consequence of the use by third parties of this information exchanged using communication tools (chat, forum, opinions) offered on the My Shopping Date website.

 

USER OPINIONS

Users must follow the rules below to publish an opinion on the site about a personal stylist they have reserved on the My Shopping Date website.

Conditions for posting opinions

  • To post an opinion, users must be of full legal age, have an account on the My Shopping Date website which identifies them, have reserved via the My Shopping Date website and taken advantage of the service.
  • To avoid any conflict of interest and for obvious reasons of objectivity, users working in the fashion and personal-shopping sectors may not post opinions on the My Shopping Date website.
  • The post may only be about the personal stylist service booked. Any opinions on another personal stylist or service will be deleted by My Shopping Date Ltd.

Reasons for rejecting posts

Users are notified that their posts may be rejected for the following reasons:

  • if the user does not adhere to the "Conditions for posting opinions" above;
  • if My Shopping Date Ltd believes that its civil or criminal liability may be engaged;
  • if the text includes insults or vulgarity;
  • if the author's Identifying Information includes insults or vulgarity;
  • if the text contains random characters or continuations of words with no meaning;
  • if the content (text, document, image, etc.) has nothing to do with the matter noted;
  • if the opinion contains a specific conflict of interest;
  • if the content is badly written to the point of being unintelligible;
  • if a user makes an inappropriate comment about another post or its author;
  • if the content to be posted includes personal information, such as the surname or first name of individuals who are not public persons, a telephone number, a specific physical address or an email address;
  • if the text contains a credit card number, social security number, bank account number or any other information likely to lead to identity theft;
  • if the text includes a call to take legal action;
  • if the content mentions websites, hyperlinks, URLs, email addresses or telephone numbers;
  • if the text is obviously spam.

 

If users post content which is clearly fake, My Shopping Date Ltd, after applying the procedures for the refusal or deletion of the post, shall cancel the user's registration and delete all of their posts.

Moderating the posts

Posts are moderated to ensure that they comply with these General Terms of Use and will be published, rejected or deleted accordingly. Each post is moderated by a human in advance. The maximum moderation time is 4 weeks. Users may ask for an existing post to be moderated by writing to: contact@myshoppingdate.com giving the reasons for their request and by titling their message “Moderating: information about the post”.

Users who have posted an opinion may later ask for it to be deleted by writing to: contact@myshoppingdate.com. Posts will remain on the site for up to 3 years from the time they are first posted. Posts on personal stylists which have closed their account since the post was made will be deleted. Users are notified that they may be contacted by My Shopping Date Ltd to check the authenticity of their post, by email and/or by telephone. Users are informed that their post may be forwarded to Partner Sites of My Shopping Date Ltd and be posted on these Partner Sites.

Right of reply

Each personal stylist has a right of reply in order to:

  • Give their version of events;
  • Thank the user;
  • Outline any changes that have been made since the post was made.

 

Any request for a response must be sent within 2 months of the contentious message being circulated to contact@myshoppingdate.com with the title “Reply to a review”.

The request must include the following:

  • post references;
  • ID of the author;
  • the contentious passages;
  • content of the desired response (the response cannot be longer than the user post to which it is responding).

Once this procedure has been followed, if the response request meets these General Terms of Use, the response will be moderated under the same conditions as the user posts and published, if applicable, after the message to which it responds, up to 14 days from the response request.

Personal stylist ratings

Every user who has booked a personal stylist service using the My Shopping Date website and has taken advantage of the service is invited to rate their experience.

Users are informed that the rating on the My Shopping Date website next to each personal stylist is an equally-weighted average of the ratings given for each personal stylist since its registration.

Use of user content

We may use user content and user opinions in different ways, including to publish it on the My Shopping Date website, change its format, include it in advertising or other documents, create works derived from it, enhance it, distribute it and also allow others to use it on their websites and social media platforms. Therefore, users hereby give My Shopping Date Ltd irrevocable permission to use this content for any purpose, and irrevocably waive any claims to or assertion of moral or patrimonial rights regarding this content.

 

LIMITATIONS OF LIABILITY

Network functioning

Given the specific nature of the Internet, My Shopping Date Ltd offers no guarantee of the continuity of the service, and can only be bound by an obligation of means in this regard.

My Shopping Date Ltd cannot be held liable in the event of damage linked to temporary unavailability of one of its services on the My Shopping Date website.

Website modification

Information on the My Shopping Date website may be changed at any time, given the interactive nature of the site, for which My Shopping Date Ltd is not liable.

Website use

My Shopping Date Ltd declines any liability for any damage or loss linked to the use or inability to use the My Shopping Date website or its content, except in the event of statutory exceptions.

My Shopping Date Ltd does not guarantee that the information presented is detailed, complete, verified or accurate. The documents, information, descriptive sheets, and, in general, any content on the My Shopping Date website is provided "as is", with no explicit or tacit guarantee of any kind.

Users expressly acknowledge that the photos on the My Shopping Date website are not contractually binding.

Generally, users accept and acknowledge that the booking is not guaranteed. As such, My Shopping Date Ltd does not guarantee the effectiveness of the booking service. Availability is checked digitally and in real time using our booking engine. However, as My Shopping Date Ltd is not able to physically check the accuracy of the information collected and/or given by the personal stylist, users accept that My Shopping Date Ltd cannot be held liable if the user is unable to benefit from the personal stylist's services. The configurations of the real time reservation software partially depend on the information supplied and/or saved by the personal stylist and may not reflect reality. So, for example, users acknowledge and accept that My Shopping Date Ltd shall not under any circumstances be held liable if the booking is cancelled or if the service is refused for any reason.

Likewise, and for the same reasons, users accept that My Shopping Date Ltd cannot be held liable if the user is not able to benefit from the personal stylist's promotions or special offers. Users acknowledge and accept that My Shopping Date Ltd shall not be held liable if the personal stylist fails to honour a promotion or special offer for any reason.

My Shopping Date cannot be held liable for information provided by the User or the Personal Stylist to the other part.

User guarantees

Users state that they are fully familiar with the features and limitations of the Internet. They acknowledge that it is impossible to guarantee that the data sent by the user over the Internet will be fully secure. My Shopping Date Ltd cannot be held responsible for any incidents which could arise from this data transfer.

Users, therefore, disclose the data at their own risk. My Shopping Date Ltd can only give assurances that it will use all the means available to it to ensure maximum security.

Users agree to compensate My Shopping Date Ltd for any costs that My Shopping Date Ltd has to bear as a result of any claim or dispute, in our out of court, linked to the use of the services set out herein by the user. The user agrees to hold My Shopping Date Ltd harmless against any pronouncement in this regard in the event of legal proceedings.

In any case, users explicitly acknowledge and agree to use the My Shopping Date website at their own risk and under their sole responsibility.

Hyperlinks

My Shopping Date website contains links to third-party websites. Linked sites are not under the control of My Shopping Date Ltd, and My Shopping Date Ltd is not responsible for the content of these related sites. My Shopping Date Ltd supplies these links for convenience only, and a link does not mean that My Shopping Date Ltd sponsors or recommends the linked site in question or that My Shopping Date Ltd is affiliated to it. Linked sites are owned and operated by independent retailers or service providers, and as such My Shopping Date Ltd cannot guarantee that you will be satisfied with their products, services or business practices. It is your responsibility to make any checks you think are necessary or appropriate before entering into any transactions with one of these third parties.

 

USER OBLIGATIONS

Unrestricted acceptance of these general conditions

By setting up an account, users accept, explicitly and without reserve, the terms of these general conditions and any special conditions on the My Shopping Date website.

Provision of accurate, honest and true information

When setting up an account, users must send accurate and true information regarding their title, family name, first name(s), email address and telephone number, so that they can be properly identified.

Checking the validity conditions for promotions and special offers

Users must check the validity conditions of a promotion before booking on the site and may not under any circumstances claim from the personal stylist or My Shopping Date promotion outside the validity conditions as outlined on the My Shopping Date website, and outside the booking procedure with a promotion or special offer.

Adherence to national and international intellectual property law

Users agree not to submit, copy, resell, republish, or, in general, make available in any form whatsoever any information or data received from My Shopping Date Ltd or available on the My Shopping Date website, to another individual or legal entity from any country. In general, users agree to adhere to the intellectual property provisions below.

 

INTELLECTUAL PROPERTY

Ownership of rights

All intellectual property moral and patrimonial rights relating to the content and information on My Shopping Date website belong to My Shopping Date Ltd, with the exception of third-party patrimonial rights, for which My Shopping Date Ltd has obtained the necessary rights transfers or authorizations.

The rights conferred on users by using the My Shopping Date website and the services supplied by My Shopping Date Ltd do not entail any transfer or permission to operate or use any part of the My Shopping Date website.

Prohibition on unauthorised use

Therefore, without prior written permission from My Shopping Date Ltd and/or its partners, users may not reproduce, represent, republish, redistribute, adapt, translate and/or transform partially or in full, or transfer to another media, any information from the My Shopping Date website.

Penalties

Users acknowledge and are aware that failure to obey this prohibition constitutes an infringement punishable by civil and criminal law.

 

PENALTY FOR CONTRACTUAL FAILURES

Suspension or permanent stoppage of the service(s)

In the event of failure by users to meet or comply with one of their obligations or stipulations in these general conditions, My Shopping Date Ltd may modify, suspend, limit or withdraw access to the service, without users being entitled to any compensation of any kind.

Damages

My Shopping Date Ltd shall also be entitled to claim compensation for the losses sustained.

 

MISCELLANEOUS PROVISIONS

Partial nullity - Dissociation - Titles

If a provision of these general conditions is null and void, illegal, non-invocable or inapplicable in any way, the validity, legality or application of the other provisions of these general conditions shall not be affected or altered in any way; the other stipulations of the general conditions shall remain in force and retain their full effect.

My Shopping Date Ltd may draw up a new clause to re-establish the joint will of the Parties as expressed in the initial clause, in line with current law applicable to these general conditions.

The titles of the articles herein are for information purposes only and must not be considered as forming an integral part of the general conditions.

 

Last update the 12/12/2017

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