This summary of Boutique Mobile’s Terms of Use is provided for the convenience of European Union (“EU”) users. It does not contain all elements of these Terms of Use and deviations may apply between different countries. Should there be any discrepancy or conflict between this summary and these Terms of Use, these Terms of Use will govern.
Terms that are used but not defined in this summary shall have the meanings prescribed by the Terms of Use. We kindly encourage you to read and familiarise yourself with our full Terms of Use.
1. OVERVIEW
These Terms of Use are a binding contract between you and us, Whaleco Technology Limited, an Irish company.
We will change these Terms of Use from time to time. We will provide reasonable prior notice of the material changes to give you an opportunity to review them before they go into effect. If you do not agree with the changes, you should stop using the Services.
2. USER REQUIREMENTS AND REGISTRATION
You must be at least 18 years old and the age of majority in your country/region to use the Services.
You can use the Services for personal (i.e., non-commercial) purposes only. For example, purchasing products for resale is not allowed.
We are not liable for any third-party content on Boutique Mobile that may be offensive, indecent, or objectionable, although we may remove or restrict such content based on our content moderation processes.
Please don’t use the Services if you are unable to form legally binding contracts or if you have previously been banned from using the Services due to prior violations of these Terms of Use or other reasonable reasons.
When creating an account, you must provide true and accurate information and keep this information up to date. Unless otherwise specified in these Terms of Use, you are responsible for all activities under your account, including restricting use by minors. You may not choose a username that you don’t have the right to use or that impersonates someone else. Please keep your account details private and notify us immediately of any unauthorized use or any security breach.
3. RULES AND RESTRICTIONS
In addition to using the Services for your own personal purposes only, you must use the Services in a lawful manner and in compliance with these Terms of Use and Boutique Mobile policies. There are rules that govern your use of the Services, such as our Community Guidelines and Review Guidelines . Please read Sections 3.5 and 3.6 of these Terms of Use for these rules and restrictions. Failure to comply with these rules and restrictions may result in restriction, suspension or termination of your access to or use of any or all parts of the Services.
Promotional activities such as contests, promotions, and surveys offered through the Services may be subject to separate rules. If the rules for promotions conflict with these Terms of Use, the rules for promotions will govern.
4. CONTENT MODERATION
Section 4 outlines how we detect Prohibited Content on Boutique Mobile through proactive and reactive moderation.
5. REPORTS, DECISIONS AND APPEALS
You may report content on Boutique Mobile that you believe constitutes Prohibited Content. Section 5 outlines the methods and information required for such reports. If your report includes contact details, we will acknowledge receipt of the report and notify you of our decision. You may appeal any decisions from us and we will process your appeals as set out in Section 5.3. If your complaint is not resolved through our internal complaint-handling system, you may contact a certified out-of-court dispute settlement body in accordance with Article 21 of the Digital Services Act.
6. Boutique Mobile’S RECOMMENDER SYSTEMS
Our recommender systems help you discover content you may like on Boutique Mobile. Section 6 outlines how our recommender systems work and the parameters they use.
Kindly note that, if you wish to opt out of all personalised recommendations, you may follow the instructions set out in Section 6.7.
7. PRIVACY
Please read our Privacy Policy for information on how we handle your personal information.
8. COMMUNICATIONS
We will communicate with you through emails, texts, mobile push notifications, and notices and messages on Boutique Mobile where you have given your permission as required by law. You are responsible for any fees, costs, or expenses related to your use of the Services. Communications and documents we provide electronically will have the same legal effect as those provided in writing.
You may subscribe to receive our marketing materials via text messages, emails or other channels and you are free to opt out. Receiving marketing materials is not a condition of using the Services.
9. USER SUBMISSIONS
“User Submission” means anything posted, uploaded, shared, submitted, stored, or otherwise provided by you through the Services, including suggestions, comments, reviews, ratings, photos, videos, or other feedback or materials, and may be viewable by other users. You will remain the owner of your User Submissions, but you permit us to use User Submissions to operate the Services. You also confirm that you have the right to the User Submissions and they do not infringe anyone else’s rights or these Terms of Use.
We are not responsible or liable for your or other users’ User Submissions.
10. OWNERSHIP
Content displayed or available through the Services as well as the Services themselves is protected by intellectual property rights. You must respect other parties’ intellectual property rights (including copyright, trademarks and protected designs). You must not copy, modify, publish, or use any content that you do not own without explicit permission from the content owner. For details on how to report content infringement, please refer to our Intellectual Property Policy .
As long as you comply with these Terms of Use, all applicable policies, rules and guidelines, and the payment of any applicable fees and taxes, you are granted a limited permission to use the Services for personal and non-commercial purposes.
11. RESPONSIBILITIES; THIRD PARTY RISKS
We are not responsible for any Content (as defined in these Terms of Use) posted, transmitted or provided through the Services by third parties.
You are responsible for Content you contribute to the Services and you confirm you have the right to contribute this content.
We are not responsible for third-party websites or services that are not owned or controlled by us. Please make sure to read the applicable Terms of Use for such third-party websites or services.
We are not responsible for any interactions between you and other users, other entities or individuals as a result of your use of the Services. However, we may choose to assist in resolving any issues you have with such third parties.
You are not allowed to sell to, or purchase products from, third parties in a way that avoids paying fees for products through the Services.
12. DISCLAIMER
We are not liable for any claims or disputes that may arise between users of Boutique Mobile.
13. PURCHASES
Please read the full product listing before purchasing any products. All prices include applicable taxes, customs-related duties, taxes and fees, and shipping costs unless otherwise specified at checkout.
When you place an order, the contract for the purchase of products will be concluded between you and the respective Seller (as defined in these Terms of Use) as indicated on the product listing page. Please note that all Sellers who are entitled to sell products on Boutique Mobile are professional traders.
We strive to provide accurate information on Boutique Mobile, but there may be typographical errors, inaccuracies, or omissions that relate to availability, descriptions, pricing or other product information. We reserve the right (where the law allows) to correct and to change or modify this information or to cancel part or all of an order before the product is shipped. In such event, we may contact you for instructions, or notify you of any such cancellation and provide a refund. You are entitled to cancel your order at no cost at any time before it is packed for shipment and obtain a refund, or return it after you receive it and obtain a refund. For details, please visit our Support Center and Return and Refund Policy .
You are provided with legal rights pursuant to European Union and national consumer laws, including a statutory warranty that the product will be in conformity (for example, with the product description, any specifications and the sales contract). Subject to applicable laws, your remedy may notably include, to have the product brought into conformity (either by repair or replacement, where applicable), to receive a proportionate price reduction, or to terminate your contract. You may exercise such legal rights against the Seller of the product sold. For more details on these rights. National laws may deviate in this regard and nothing in these Terms of Use will affect or restrict any mandatory rights that you have under applicable laws.
By providing your payment method information, you authorise us, our affiliates, agents or payment processors to charge the payment method for the total cost for your purchase of products.
14. REFUNDS, EXCHANGES AND RELATED MATTERS
Our Return and Refund Policy provides details on return and refund (including your statutory right of withdrawal against the Sellers). Please read this carefully.
15. REWARDS
You may receive various types of rewards through the Services, including credits, coupons, cash, gifts, or other forms. Please carefully read the rules which apply to any rewards you are granted as these may have conditions, such as eligibility conditions. In the event of any inconsistency between these specific rules regarding rewards and these Terms of Use, these specific rules regarding rewards shall prevail.
16. ENDING OUR RELATIONSHIP
You can stop using the Services at any time for any reason.
We may suspend or terminate your use of the Services or your account for breaching these Terms of Use or the Boutique Mobile policies which will result in all content and rewards being forfeited and cancelled.
Some provisions of these Terms of Use will remain in effect even after termination, including ownership rights, warranty disclaimers, and limitations of liability.
17. LIMITATION OF LIABILITY
Section 17 of these Terms of Use outlines our liability to users. Please review it carefully. Subject to rules set out in Section 17.2, we shall only be liable for obligations arising under these Terms of Use, and we are not liable for obligations of any third parties. However, we will not exclude or limit liability where the applicable laws do not permit it.
18. INDEMNITY
You agree to indemnify us for any loss or damage we may suffer in the event that someone else sues us because of your wrongful actions.
19. APP STORES
If you are using the Boutique Mobile app, please note that we are responsible for the app while app store providers like Apple and Google are not. You must comply with all relevant app store rules and these Terms of Use.
20. GENERAL
These are important details about the contract, resolving disputes, and that the law of your country applies to this contract for EU residents, and otherwise it is the law of Ireland that applies. The United Nations Convention for the International Sales of Goods does not apply.
21. CONTACT INFORMATION
Please read our contact details under Section 21 of these Terms of Use if you want to contact us