WEBSITE TERMS OF USE – LUKE IRWIN RUGS LIMITED

We’re delighted that you’re using our website at www.lukeirwin.com (“Site”). The following terms govern how you use it, so we would ask you to read them very carefully. If you have any questions in relation to these terms, you can contact us at shop@lukeirwin.com. 

1. THE WEBSITE TERMS OF USE
1.1. These terms (“User Terms”) set out how you may use our Site, and form a binding legal agreement (“Agreement”) between you (“you”, “your”) and Luke Irwin Rugs Limited trading as ‘Luke Irwin’ (“we”, “us”, “our”). Our showroom is at 20-22 Pimlico Road, London, SW1 1W 8LJ and our registered address is at c/o Shelley Stock Hutter, 1st Floor, 7 – 10 Chandos Street, London, W1G 9DQ. Our company number is: 07344940.
By using the Site, you are deemed to have accepted the User Terms and shall be bound by these provisions. 
1.2. If you would like to place an order for any of our rugs (“Rugs”), your order and purchase shall be subject to our conditions of sale. 
1.3. We may need to modify these User Terms from time to time. You agree that we may do so without notice to you. We recommend that you review these User Terms on a regular basis. You will be able to find them on our Site. You understand and agree that any use by of the Site by you following changes having been posted by us on our Site will be deemed acceptance of any such changes.
1.4. Please note that from time to time we may provide you with links to other websites. Different terms of use will apply to any such websites. You should always check their terms of use before using any other websites.

2. INTERPRETATION
2.1. Anywhere you see a word in bold with inverted commas around it, this is a defined term. Anytime we use the word elsewhere in the User Terms, the meaning will be the same as the initial definition.
2.2. References to clauses (unless otherwise provided) are references to the clauses of these User Terms. Words in the singular include the plural and in the plural include the singular. A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it. References to “including” and “include(s)” shall be deemed to mean respectively” including without limitation” and “includes without limitation”.

3. USE OF OUR WEBSITE
3.1. In consideration of you agreeing fully to comply with and be bound by these User Terms, we hereby grant you a non-exclusive, non-assignable, non-transferable, non-sub-licensable licence for the duration of the Agreement to use our Site to view our Rugs and collections. 
3.2. While we hope you will enjoy browsing on our Site and looking at our Rugs and collections.  You expressly acknowledge and agree that you are not permitted to download, print off, copy, sketch, replicate or otherwise use any (or any part) of the images, photographs, collections, designs or any other content on our Site without first obtaining our written consent.
3.3. You also agree not to (a) access (or attempt to access) any part of our Site by any means other than through the interface that is provided by us; (b) access (or attempt to access) any part of our Site through automated means, including use of scripts, robots, spiders, scrapers or web crawlers; (c) take any action that imposes, or may impose (in each case at our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (d) (save to the extent permitted by governing law) copy, duplicate, reproduce, rent, lease, loan, sell, trade, resell, modify, create derivative works, distribute or publicly display any part of our Site without prior written consent from us; (e) interfere or attempt to interfere with the proper working of our Site or any related activities conducted by us; (f) bypass any measures we may use to prevent or restrict access to our Site; (g) attempt to reverse engineer, decompile or otherwise seek to obtain access to any source code in our Site; and (h) engage in any activity that interferes with or disrupts our Site, or the servers and networks that are connected with our Site.
3.4. If you would like to link to our Site, you must ask us first. If we do consent we will do so in writing and any such consent will be subject to the following:
3.4.1. you may only link in a way that is fair and legal and does not damage our reputation or take unfair advantage of us;
3.4.2. unless we have expressly agreed otherwise with you in writing, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part;
3.4.3. you must not establish a link to our Site in any website that is not owned by you; and
3.4.4. we reserve the right to withdraw any such consent at any time with notice to you.

4. OUR INTELLECTUAL PROPERTY RIGHTS
4.1. Our Site includes many photographs of our Rugs, collections and designs, as well as images and texts in which we (or our licensors) hold copyright and in some cases design rights. In addition, our trademarks and brands can also be seen on the Site. Any rights referred to above as well as any other intellectual property rights included in or displayed on our Site, whether registered or not and any goodwill in the same, is altogether, the “LIR IP”. You acknowledge that we own or licence all legal rights, title and interest in each case in the LIR IP and that nothing in these User Terms shall be deemed to transfer or assign any of the LIR IP to you.
4.2. You also agree not to:
4.2.1. use any of the trademarks, trade names, service marks, copyrights, logos, domain names, and/or other distinctive brand features belonging to us or any third party unless you have valid written permission to do so;
4.2.2. alter, remove or obscure any proprietary notices (including copyright and trademark notices) which may appear in or be held within our Site. 
4.3. In the event that we reasonably believe, and/or any court of competent jurisdiction determines that your use of our Site, if used in accordance with the User Terms, infringes any intellectual property rights of a third party, we may, at our sole discretion and expense, replace or modify our Site so that it is no longer infringing or obtain for you the right to continue using our Site. This constitutes your sole remedy in relation to any such infringement.

5. PERSONAL INFORMATION
5.1. If you provide us with any information which includes data by which you or another person can be identified (any such data, “Personal Data”), you are agreeing that we may use that information in accordance with the terms of our privacy policy, which can be accessed here. This might include information which you send to us, or information which we learn from your use of our Site.
5.2. By providing us with any Personal Data you are warranting and representing to us that you have all necessary authority and consents requires at law to transfer the data to us for use in accordance with our privacy policy.
5.3. From time to time we may change the terms of our privacy policy, so we would recommend that you review it each time before you transfer any Personal Data to us.
5.4. We use cookies on our Site. To learn about what cookies we use, please have a look at our cookies policy, which can be accessed here. 

6. DISCLAIMER AND LIMITATION OF LIABILITY
6.1. Nothing in these User Terms shall exclude or limit any warranty or liability to the extent that the same may not be lawfully excluded or limited by applicable law, including liability for fraud or for death or personal injury caused by its negligence.
6.2. In respect of your use of our Site, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us except as specifically stated in these User Terms (including implied warranties and conditions or merchantability, fitness for a particular purpose and non-infringement). Any condition, warranty, representation or other terms concerning the supply of our Site which might otherwise be implied into or incorporated in these User Terms, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.
6.3. While we will use every effort to ensure that our Site is available to you, you expressly understand that use of our Site relies on an internet connection being sustained and the appropriate equipment being maintained. As such, you expressly understand and so agree that your use of our Site is ‘as is’ and ‘as available’.6.4. In particular, we do not represent or warrant to you that:
6.4.1. your use of our Site (including its use in conjunction with any other software) will meet your requirements, or that your use of our Site will be uninterrupted, timely, secure or free from error defects in the operation or functionality of our Site;
6.4.2. any information obtained by you as a result of your use of our Site will be accurate or reliable; and
6.4.3. that defects in the operation or functionality of our Site will be corrected, rectified or remedied.
6.5. Any material downloaded or otherwise obtained or accessed through your use of our Site is done so at your own discretion and risk, and you will be solely responsible for any damage, loss or prejudice to your computer system or other device or loss of data that result from the download or access of any such material.
6.6. No advice or information, whether oral or written, obtained by you from us or any of our subsidiaries, affiliates, officials, employees or personnel, or through or from our Site shall create any warranty not expressly stated in these User Terms. All such liability is excluded to the fullest extent permitted by the law.
6.7. You expressly understand and agree that we and our licensors shall not be liable to you for:
6.7.1. any indirect, special, incidental or consequential loss or damage which may arise in respect of your use of our Site and/or its non-availability;
6.7.2. loss of profit, business revenue, goodwill and anticipated savings;
6.7.3. any trading or other losses which you may incur as a result of use of or reliance upon any content on our Site;
6.7.4. the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of our Site; or
6.7.5. any effect which use of our Site may have on any software you use.
6.8. Subject to the clauses above, our aggregate liability to you in respect of any loss or damage suffered by you and arising out of or in connection with your, and/or any third party’s use of our Site shall not exceed £1.  
6.9. You acknowledge and agree that since our Site is provided to you free of charge, the exclusions and limitations in this clause are reasonable.

7. GENERAL 
7.1. We may terminate this Agreement with you at any time at our complete discretion with no liability to you.
7.2. Failure or neglect by us to enforce any of the provisions of these User Terms at any time shall not be construed or deemed to be a waiver of our rights, nor shall this in any way affect the validity of the whole or any part of these User Terms, nor prejudice our rights to take any subsequent action.
7.3. If any part of any provisions of these User Terms shall be or become invalid, unlawful or unenforceable to any extent, then the remainder of such provisions and all other provisions of these User Terms shall continue to be valid and enforceable to the fullest extent permitted by law.7.4. The User Terms represent the entire agreement between you and us in relation to your use of our Site and supersede any previous agreement between you and us, save to the extent that you opt to purchase any Rugs from our Site, in which case, the Conditions of Sale shall apply. All other terms and conditions, express or implied by statute or otherwise are excluded to the fullest extent permitted by law.  In the event that there is any contradiction between these User Terms and the Conditions of Sale, the Conditions of Sale shall take precedence.
7.5. These User Terms shall be construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English courts to settle any disputes which may arise in connection with these User Terms.