Terms & Conditions

Please read the following terms and conditions carefully as use of and/or buying from the Pushka site ('Site') means that you will be bound by them. In certain instances these terms incorporate statements to be found in the Privacy Policy, Ordering, Payment, Returns & Refunds and Delivery sections of our site

Waiver

Every effort has, is and will be taken to ensure that the information contained in this site is correct and up to date. The information may, however, become incomplete, inaccurate or out of date. To the full extent permitted by law, but subject to the terms and conditions of sale referred to below, we disclaim all warranties and representations (whether implied or expressed) as to the accuracy of any information contained on this Site.

Definitions

For the purposes of these Terms and Conditions the following definitions apply:

Contract - the contract for sale by us and purchase of Goods by you
Goods - the range of garments that are available for purchase from this site in accordance with the terms
Site - our world wide web address www.pushkafashion.co.uk
We/Us/Pushka - Pushka Clothing

Use of this Site

The content of this Site is owned by or licensed to Pushka. You may not copy, reproduce, modify, distribute, republish, re-sell display, post or transmit any part of this Site without the permission of Pushka. You may view or print individual pages only for your own personal use. Pushka may suspend, alter, restrict or terminate at any time access to or use of this Site.

Disclaimer of liability

Unless expressly stated to the contrary, to the fullest extent permitted by law by Pushka, its content providers, advertiser, or linked sites shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, consequential, special, punitive or incidental damages, or damages for loss of goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of, or related to the use, inability to use, performance or failures of this web site or linked sites, even if Pushka has been advised of the possibility of such damages and irrespective of whether such damages arise in contract, tort, equity, restitution, by statute, at common law or otherwise. You have read this disclaimer and agree to it on the basis that you agree it is reasonable.

Use of Pushka Trade Marks and Images

The PUSHKA name and trade marks remain the property of Pushka at all times. You may only use them to directly advertise or otherwise market genuine Pushka products. Any use of the PUSHKA name and trade marks in a manner that suggests a connection between you and Pushka other than as customer and supplier is expressly forbidden. You may not register a domain name consisting of or incorporating the word pushkafashion. You may not set up an on-line or a physical shop called pushkafashion. The use of photographs and other copyright material requires permission from Pushka.

Disclaimer as to ownership of trademarks

Except where expressly stated to the contrary all persons, products, services and locations featured on the Pushka website are in no way connected, associated, linked or affiliated to Pushka. Furthermore, unless it is expressly stated on the Pushka website that a certain product, service or location is connected, associated, linked or affiliated to the makers, right owners or broadcasters (The Makers) of a film or programme you should not make such an assumption, or rely in any way of the existence of such a connection, association or affiliation by implication or otherwise. Any trademarks/names as maybe featured on the Pushka website are owned by the respective trademark owners and Pushka claims no connection, association or affiliation with them. Where a trademark (brandname) is referred to is used to describe or identify the products, services or locations (the goods) or else it is used to identify the file or programme where such goods appeared, but this is in way an assertion or claim that such goods are endorsed by or connected, associated, linked or affiliated to the makers of the relevant film or programme.

Indemnity

You agree to indemnify, defend and hold harmless Pushka, its directors, officers, partners, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your use of the Pushka services, your breach of the Terms of Service, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.

Variation of content

Pushka shall have the right in its absolute discretion at any time and without notice to amend, remove or vary any of the content supplied in connection with the Service or which appears on any page of the Pushka Web site.

Submissions

All information and material submitted by you to Pushka or that you publish on any public area of the Pushka Web site shall be provided by the submitter and accepted by Pushka on a non-confidential basis subject to paragraph 2 above. Furthermore, Pushka shall be granted a perpetual royalty-free non-exclusive license in the copyright of any material submitted and Pushka shall be free to use, edit, copy, republish and distribute (for any purpose) and authorise others to do the same, any such information or material and any ideas contained in such information or material.

Termination

Pushka may at any time terminate or suspend any part of the Service without notice to you.

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Intellectual Property, Software and Content

The intellectual property rights in all software made available and content supplied to you remains the property of Pushka, its licensors, advertisers or content suppliers. You will comply with the terms of any agreement required by the owner of intellectual property rights in all software and content supplied to you as notified to you and you hereby acknowledge that all software that is not made readily available to you is confidential, and that all other rights including but not limited to database rights and copyright are asserted and reserved by Pushka, its licensors, advertisers or content suppliers. You may store, manipulate, analyse, reformat, print and display the content supplied solely for your own personal use. In no event are you permitted to publish, distribute or otherwise reproduce in any format any of the content or copies of the content supplied to you or which appears on the Pushka site and you are prohibited from using any such content in connection with any business or commercial enterprise including, without limitation, any media business or enterprise. You shall not modify, translate, reverse engineer, decompile, disassemble (except to the extent that applicable laws expressly or impliedly prohibit such restriction) or create derivative works based on any software or any documentation accompanying such software supplied by Pushka, its licensors, advertisers or content suppliers. Pushka are trademarks belonging to Pushka Clothing. No license or consent is granted to you to use these marks in any way, and Pushka reserves all rights in these and any related marks. You agree not to use these marks or any marks which are colourably similar without the written permission of Pushka Clothing.

Content and advertisements

This Site contain links to other sites, which are not under the control of and are not maintained by Pushka. These links are provided for your convenience only and Pushka is not responsible for the content or availability of those sites.

Data protection and privacy

Any details that you provide to us from which we can identify you are held and processed in accordance with our privacy policy.

E-commerce sale of Products and Services

By making a request/order you are offering to purchase a product which we will accept to sell to you on the following Terms and Conditions. All requests are subject to availability and confirmation of the order price by us. Dispatch times may vary according to availability and any guarantees warranties or representations made as to delivery times are limited to mainland UK and are on the basis that we are not responsible for any delay in delivery occurring due to postal delays or force majeure. Pushka are absolutely entitled to refuse any request made by you. If your order is accepted we will inform you by e-mailing you or else by calling you. We will also provide the identity of the party you have contracted with. This may be Pushka or in certain cases a third party. Where a contract is made with a third party Pushka is not acting as either agent or principal and the contract is made between yourself and that third party. When making a request you undertake that all details you provide to us requesting goods or services or bids made at auction are true and accurate, that you are an authorised user of the credit or debit card used to make your request or bid and that there are sufficient funds to cover the cost of the goods, services or bid. It is your responsibility to inform us of any changes to these details as soon as possible. Our Returns Policy. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

Cancellation

If you change your mind about anything you order, you can cancel that order free of charge so long as you do so within 7 working days of receipt of goods. We do not pay for the return of goods. We will refund your money, excluding delivery charge, within 30 days of our receipt of the cancelled goods, provided that those goods are in their original condition. You do not have to provide any reason for cancellation.

Disclaimer of Warranties

The service and all information, products and other content included in or accessible from this website and the linked sites, are provided on an as is and is available basis and are subject to change at any time without notice to you. The fullest extent permitted by law, Pushka disclaims and excludes all representations and warranties (express, implied and statutory, including but without limitation the warranties of merchantability and fitness for a particular purpose, and non-infringement of proprietary rights) as to the services and all information, products and content included in and accessible from this website or the linked sites.

Changes to the terms

Pushka reserves the right to remove, modify or change, without notice, any information on this Site from time to time. Pushka may change these terms at any time by posting notice of the changes on the Site. If you use the Site after Pushka has posted the changes you will be bound by the new terms. You should therefore ensure that you read the terms each time you use the Site.

General

E-mails to you will be sent to the address you specify to us. You must only provide us with a valid e-mail address and it is your responsibility to inform us of any changes to that address. By placing an order with us you are agreeing to receive email communications from Pushka. You can unsubscribe at any time by following the link in the email, or by unsubscribing via your account options. To the extent that any provision of these terms is found by any court or authority to be invalid, unlawful or unenforceable, that provision will be deemed not to be a part of these terms and will not affect the enforceability of the remainder of these terms, nor will it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction. The headings in these terms are for convenience only and do not affect their interpretation. These terms supersede any representation made by us or any of our employees or agents.

Governing law

These terms and conditions shall be construed in accordance with English law and the courts of England OR the jurisdiction in which you are resident or domiciled (at Pushka's election) shall have jurisdiction to resolve any disputes between you and Pushka, without regard to any choice of law provisions or private international law. You hereby consent to the exclusive jurisdiction and venue of the Royal Courts of Justice, Strand, London, UK, for any and all disputes relating to the Terms of Service, use of this Web site or any Linked site in the event that Pushka have elected England as the jurisdiction.

Entire agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Pushka. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Pushka.