Terms and conditions of use of the Website

These terms and conditions (together with the information and policies contained in any other documents referred in these terms and conditions) ("Terms and Conditions") set out the legal terms that apply to your use of our website www.avenueimperial.com (the "Website") and the services that we provide as a provider of virtual tours to retailers, brands and other consumer goods companies (the "Services").

Please read these Terms and Conditions carefully and make sure that you understand them, before using the Services. Please note that by using the Services, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you will not be able to use the Services and you should leave the Website immediately. If you continue to use the Website or if you order the Services, we will take this as your acceptance of these Terms and Conditions.

  1. Understanding these Terms and Conditions

    When certain words and phrases are used in these Terms and Conditions, they have specific meanings (these are known as 'defined terms'). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of the Terms and Conditions where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).

    When we refer to "we", "us" or "our", we mean Avenue Imperial UK Limited. Where we refer to "you" or "your" we mean you, the person using the Services.

    We have used headings to help you understand these Terms and Conditions and to easily locate information. These Terms and Conditions are only available in the English language. We will not file copies of the contracts between us and you relating to our supply of the Services, or between you and the Partner Clients (as this term is defined below) relating to the sale of the products, so we recommend that you print or save a copy of these Terms and Conditions for your records (but please note that we may amend these Terms and Conditions from time to time so please check the Website regularly, and each time you use the Services, to ensure you understand the legal terms which apply at that time).

  2. About us

    We are Avenue Imperial UK Limited and we operate the Website. We are a company registered in England and Wales and our registered office is at Dashwood House, 17th floor, 69 Old Broad Street, London EC2M 1QS, United Kingdom. Our registered company number is 08512505 and our VAT number is GB 165 084 113

    We provide the Services to you through the Website. Further details of the Services we provide are set out in section 3 below.

    When you purchase the Services using the Website, you are purchasing them from us.

    When you purchase products, you are purchasing them from the third party retailers, brands and consumer goods companies ("Partner Client(s)") named on the Website. It is important that you understand that the contract for the purchase of the products is between you and the relevant Partner Clients. We are not a party to that contract and you are not purchasing the products from us. Further details about the products, the Partner Clients and the contract between you and the Partner Clients in relation to your purchase of the products are set out in clauses 5, 6 and 7 below.

  3. Our services

    The Services we offer allow retail consumers to search through the websites and brick-and-mortar stores of the Partner Clients, using some virtual tours, and to purchase products from the Partner Clients, directly from their websites.

    However, as stated above, the contract for the purchase of the products is between you and the Partner Client. This means that it is the Partner Client (not us) who is legally responsible for selling the products to you.

    The contract for the purchase of the Services is between you and us. This means that it is us who is legally responsible for selling the Services to you.

    In order to use the Services you must be over 18 years of age.

  4. Our liability to you in relation to the Services

    If, in providing the Services to you, we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable.

    Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you started using the Services.

    We do not in any way exclude or limit our liability for:

    1. death or personal injury caused by our negligence;
    2. fraud or fraudulent misrepresentation; and
    3. any other liability which cannot be limited by law.
  5. The products

    Partner Clients attempt to be as accurate as possible in the description of the products. However, as the descriptions are based on information provided by the Partner Clients, we cannot guarantee that any descriptions are totally accurate, complete, reliable or error-free. The images of the products on the Website are for illustrative purposes only. Although we attempt to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the products.

    As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights.

    The products sold by the Partner Clients are supplied for your domestic and private use only. You agree that you not will not use the products for any commercial, business or re-sale purposes. Neither we nor the Partner Clients have any liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

  6. Partner Clients

    As explained above, the contract for the purchase of the products is between you and the relevant Partner Clients. We are authorized, by the relevant Partner Clients, to insert links, on the Website, to the websites of the Partner Clients. We do not conclude the contract on behalf of the Partner Clients and we are not a party to that contract and you are not purchasing the products from us.

    We request that all Partner Clients using the Website have and maintain reasonable business policies which comply with our business policies. We cannot, however, be responsible for the Partner Clients' business policies. If you are unhappy with the product or service you have received from a Partner Client, you should contact that Partner Client directly to try and resolve the issue.

    Further information about the Partner Clients and the products they offer is available in the "Boutiques" page of the Website.

  7. Orders, prices and payment

    As far as the purchase of products is concerned, the steps you need to take to place an order with the Partner Clients are explained on the respective websites of the Partner Clients. We are not involved, at any stage, with the placing of orders and payment of prices for the products you purchase from the Partner Clients.

    As far as the purchase of the Services is concerned, please contact our CEO, Nicolas Rossi directly, to process your order of the Services. Nicolas Rossi’s email address is nicolas.rossi@avenueimperial.com.

  8. The Website

    This section sets out the rules that apply to your use of the Website (whether or not you use it to order the Services or just to browse). By using the Website, you agree to these rules. If you do not agree to these rules, you are not permitted to use the Website and you should leave it immediately.

    1. Access to the Website

      The Website is made available free of charge. 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 the Website through your internet connection are aware of these Terms and Conditions, and that they comply with them.

      Access to the Website is permitted on a temporary basis and it does not include any commercial use of the Website or its contents. You must not reproduce, copy and/or exploit the Website for any commercial purposes without our prior written consent.

      We reserve the right to withdraw or amend the Website without notice and, from time to time, we may restrict access to all or parts of the Website. We will not be liable to you if, for any reason, the Website is unavailable at any time or for any period.

      When you visit the Website, you are communicating with us electronically and you agree that all agreements, notices, disclosures and other communications that we send to you electronically (whether on our behalf or on behalf of the Partner Clients) satisfy any legal requirement that same communications be in writing.

    2. Your conduct

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

      You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only.

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

      • In any way that breaches any applicable local, national or international law or regulation.
      • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
      • To send, use or reuse any material that is: (i) illegal, offensive, abusive, indecent, defamatory, obscene or menacing, and/or (ii) in breach of copyright, trademark, confidence, privacy or any other right, and/or (iii) otherwise injurious to third parties, and/or (iv) objectionable, and/or (v) which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam".
      • To cause harm, annoyance, inconvenience or needless anxiety to any person.
      • To do some market research and, in particular, to submit, many times and in repeated manner, some snapshots in order to obtain the prices of the products sold by the Partner Clients, without having any desire to buy the products. We reserve our right to ban you from using the snapshot function, on the Website or on the virtual tours included in the websites of the Partner Clients, if we think that you are using the snapshot function for a purchase of a product sold by the Partner Client.

      Breaching these provisions would constitute a criminal offence under the Computer Misuse Act 1990. We, in compliance with any enforceable law or public order, will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

    3. Linking

      We are happy for you to link to the Website but you must do so in a way that is fair and legal and does not damage our reputation or take advantage of it (such as by using a link to suggest any form of association or endorsement by us). We reserve the right to withdraw linking permission at any time and, if we instruct you to remove a link to the Website, you must do so without delay.

      Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources and such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

    4. Our liability in relation to the Website

      We may update or change the Website or its contents at any time but we are under no obligation to do so. Please note that this means any of the content on the Website may be out-of-date at any given time. The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. We make no representations, warranties or guarantees, whether express or implied, that the Website, or any content on it, is accurate, complete, up-to-date or will be free from errors or omissions. To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website, or any content on it, whether express or implied.

      We will not be liable to you or any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with: (i) use of, or inability to use, the Website; or (ii) use of or reliance on any content displayed on the Website.

      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.

      We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it.

      We do not in any way exclude or limit our liability for:

      • death or personal injury caused by our negligence;
      • fraud or fraudulent misrepresentation; and
      • any other liability which cannot be limited by law.

      Different limitations and exclusions of liability will apply to liability arising as a result of our supply of the Services to you (as set out in section 4) and the Partner Clients' supply of the products to you.

  9. Privacy policy

    We only use your personal information in accordance with our Privacy Policy

    Please take the time to read this carefully, as it includes important information about how we collect and use your data. By using the Website, you consent to the use of your data by us and you warrant that all data provided by you is accurate.

  10. Intellectual property, software and content

    We are the owner or the licensee of all intellectual property rights in the Website and its content (such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software including the presentation and compilation of the same) ("Content"). The rights in the Website and the Content are protected by international copyright laws as well as by any relevant national law concerning copyright, authors' rights and database right laws. All such rights are reserved.

    You must not systematically extract and/or re-utilise parts of the Website or the Content. In particular, you must not use any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the Website. You must not create and/or publish your own database that features substantial parts of the Website without our prior written consent.

    Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on the Website are in no way associated, linked or affiliated with us. Any trademarks/names featured on the Website are owned by the respective trademark owners.

  11. Other important information

    Severability

    Each of the sections and paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections and paragraphs will remain in full force and effect.

    Waiver

    If you breach these Terms and Conditions and we take no action, or if we delay in taking action, that does not mean that we have waived our rights and we will still be entitled to use our rights and remedies. If we do waive a breach by you, we will only do so in writing (signed by one of our Directors), and that will not mean that we will automatically waive any later breach by you.

    Governing law and jurisdiction

    These Terms and Conditions are governed by English law. The courts of England shall have the exclusive jurisdiction over any dispute or claim relating to these Terms and Conditions.

    Entire agreement

    These Terms and Conditions constitute the entire agreement between you and us and they supersede any and all earlier agreements between you and us.

    Events outside of our control

    We and the Partner Clients will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you if such failure or delay is caused by an event outside of our control.

    An event outside of our control means any act or event beyond our or the Partner Clients' reasonable control such as act(s) of God, wars, terrorist attacks, embargos, riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes or other natural disasters, break-down, inclement weather, interruption of transport, Government action or failure of public or private telecommunications or transport networks.

    Complaints

    We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Please see our "Help & Contact Us" page for details of how to get in touch with us.