TERMS AND CONDITIONS OF SALE
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (“Products”) listed on our website www.theapparelplace.com (“our site”) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
If you place an order for Products shown on the theApparelPlace.com website, your order will be deemed an acceptance of these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1. INFORMATION ABOUT US
www.theapparelplace.com is a site operated by theApparelPlace (“we”, “us” or “our”).
2. YOUR STATUS
By placing an order through our site, you warrant that:
(a) you are legally capable of entering into binding contracts;
(b) you are a ‘consumer’ (being an individual purchasing the Products outside the course of his or her business or trade); and
(c) you are at least 18 years old.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the “Dispatch Confirmation”). The contract between us (the “Contract”) will only be formed when we send you the Dispatch Confirmation.
3.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such other Products has been confirmed in a separate Dispatch Confirmation.
4.1 We will endeavour to fulfil your order by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then in accordance with the following:
4.1.1 express delivery should be received within 1-2 working days in the UK mainland (express delivery may take 2-3 working days to islands surrounding the UK mainland or to the Scottish Highlands);
4.1.2 standard UK delivery should be received within 2-5 working days;
4.1.3 europe express delivery should be received within 2-6 working days;
4.1.4 europe standard delivery should be received within 3-7 working days;
4.1.5 rest of the World express delivery should be received within 2-6 working days;
4.1.6 rest of the World standard delivery should be received within 3-7 working days;
4.2 For the avoidance of doubt:
4.2.1 all delivery dates and times are estimates only, and we will not be liable in respect of any delay in meeting such delivery times;
4.2.2 delivery prices and times depend on your location and are as set out on the relevant page of our site;
4.2.3 no deliveries will be made on sundays or bank holidays; and
4.2.4 orders placed on a Friday after 1pm will not be delivered before the following Monday.
5. RISK AND TITLE
5.1 The Products will be at your risk from the time of delivery.
5.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
6. PRICE AND PAYMENT
6.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
6.2 These prices include exclude delivery costs, which will be added to the total amount due as set out on the relevant page of our site.
6.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
6.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
6.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
6.6 Payment for all Products must be by credit or debit card. We accept payment with Visa, Amex, Mastercard, Maestro or PayPal. We will not charge your credit or debit card until we despatch your order.
6.7 By submitting an order to us through our website you represent and warrant that the payment details provided on your order are valid and correct and that when your order is accepted and processed by us, payment will be made in full.
7. YOUR RIGHT TO CANCEL
7.1 If you are contracting as a consumer (as ‘consumer’ is defined in clause 2(b) above), you have a right under the Consumer Protection (Distance Selling) Regulations 2000 (as amended) to cancel the Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy at clause 8 below.
7.2 To cancel a Contract, you must inform us in writing – please see clause 7.3 below for details of how to contact us. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You must take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may refuse to accept your cancellation under this clause 7 and/or have a right of action against you for compensation. Please note that in relation to Products comprising panty or thong styles, as listed in the Distance Selling Regulations these items are classed as “goods that by reason of their nature cannot be returned”. You must exercise reasonable care by not trying on the items when examining them. If you have tried on an item you will not have the right to cancel the Contract in respect of those styles under this clause 7.
7.3 In order to exercise your rights under clauses 7.1 to 7.2 above:
(a) please contact our customer care representatives in writing at email@example.com to obtain a Returns Authorisation Reference number (RAR) number and deliver, as soon as reasonably possible, the Products to us at the return address provided with the RAR number. Please note that the cost of delivery and any related insurance of the Products will be for your account.
7.4 It is important for you to know that nothing in this clause 7 affects your rights as a consumer (as ‘consumer’ is defined at clause 2(b) above). As a consumer you have the benefit of certain warranties implied into the Contract. For example, the Sale of Goods Act 1979 (as amended) implies a term into the Contract that the Products must be of satisfactory quality and fit for purpose. Please see clause 8.1(b) below in relation to Products which you consider are defective.
8. OUR REFUNDS POLICY
8.1 Save as set out at clause 7 and clause 8.2, please note that we offer refunds only on certain items. Non-refundable items will be stated as such on the Product page.
8.2 When you return a Product to us:
(a) because you have cancelled the Contract between us in accordance with clause 7 above, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full however, you will be responsible for the cost of returning the item to us; or
(b) because you claim that the Product is defective, we will examine the returned Product and will notify you of any refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect which we have examined and agreed exists will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
8.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
9. OUR LIABILITY
9.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
9.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
9.3 Nothing in the Contract excludes or limits in any way our liability:
(a) for death or personal injury caused by our negligence;
(b) under section 2(3) of the Consumer Protection Act 1987;
(c) for fraud or fraudulent misrepresentation; or
(d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
9.4 We are not responsible for losses which happen as a side effect of the main loss or damage, including but not limited to:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data; or
(f) loss of data
provided that this clause 9.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 9.1 or clause 9.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this clause 9.4.
10. IMPORT DUTY
10.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
10.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
11. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to theApparelPlace.com by emailing firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
13.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
13.2 You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.
13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
14. EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (a “Force Majeure Event”).
14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action.
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) impossibility of the use of public or private telecommunications networks.
(f) the acts, decrees, legislation, regulations or restrictions of any government.
14.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
15.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. ENTIRE AGREEMENT
17.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
17.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
17.3 We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
18.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
18.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
19. LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.