| 1 |
Introduction |
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These terms
and conditions relate to
goods which you offer to
purchase from clothesco.com
("our/this website").
Please read carefully these
terms and conditions as
they govern your use of
this website and our supply
to you of any goods which
you offer to purchase through
this website. We will be
unable to process any offer
to purchase goods until
you have done so. If there
is anything you do not understand,
please e-mail us at enquiries@clothesco.co.uk,
or phone us on 01625 858491. |
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By making
an offer to purchase, you
agree to be bound by the
provisions of the Agreement
(as defined in clause 3.1
below) between you and us.
If you do not accept these
provisions you should not
place an order. Your attention
is drawn in particular to
clauses 10 (limitation of
liability) and 11 (indemnity). |
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You must be 16 years
or older to register for
the Service. By submitting
an Order Form (see 2.4
below), you confirm to
us that you are at least
16 years of age and that
you accept these terms
and conditions of purchase.
These terms and conditions
may be changed at any
time by us and we are
not under any obligation
to notify you of such
changes.
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| 2 |
Definitions |
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In these
terms and conditions:- |
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| 2.1
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"Commencement
Date" means the
date when our agreement
with you is concluded
(see clause 3.3);
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| 2.2 |
"Invoice"
means the form that
is shown on screen
after you have placed
an order, confirming
details of the Goods
which you have offered
to purchase and which
we have agreed to
supply to you; |
| 2.3 |
"Consumer"
means an individual
whose use of the Service
is for personal purposes
only, and not for
use in connection
with any trade, business
or profession; |
| 2.4
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"Order Form"
means the form completed
by you online and
showing details
of the goods which
you have offered
to purchase from
us;
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| 2.5 |
"Goods"
means the goods to
be provided by us
to you, as described
in the Order Form
and Invoice and on
the pages of our website
relevant to those
goods. (In the event
of a discrepancy between
the description of
the Goods on the website
and that on the Order
Form, Invoice, the
description on the
Order Form or Invoice
shall be conclusive);
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| 2.6 |
"we/us/our"
refers to clothesco.co.uk
a division of Brown
Bag Clothing Limited,
a company incorporated
in England and Wales
(registered number
4432380) and having
its registered office
at Ship Canal House,
King St, Manchester,
M2 4WB; and |
| 2.7 |
"you/yours"
refers to you, the
person offering to
purchase goods from
us. |
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| 3 |
Your Agreement
with Us |
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| 3.1 |
These
terms and conditions,
together with the
Order Form, Invoice
and Privacy Policy,
constitute the entire
agreement between
you and us relating
to the provision of
the Goods ("the
Agreement"),
and supersede any
previous agreements,
arrangements, undertakings
or proposals, written
or oral, between us
in relation to this,
and all past courses
of dealing or industry
custom. No oral explanation
or oral information
given by any party
(including any information
given via our customer
service departments)
shall alter the interpretation
of these terms and
conditions. In agreeing
to these terms and
conditions, you have
not relied on any
representation other
than those expressly
stated in these terms
and conditions, and
you agree that you
shall have no remedy
in respect of any
misrepresentation
which has not been
made expressly in
these terms and conditions.
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| 3.2 |
Nothing
on our website is
intended or shall
be interpreted to
mean that we are making
a legal offer to you
to provide the Goods;
we are inviting you
to make a legal offer
to us to purchase
the Goods. It is entirely
at our discretion
to accept or reject
the offer to purchase.
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| 3.3 |
The
Agreement is concluded
only when we have
accepted your order
by sending you a Invoice
(with the date of
conclusion of the
Agreement being the
date shown on that
Invoice) |
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| 4 |
General |
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Payment can
be made using any of the
methods listed on this web
site and will be debited
when we have accepted your
offer to purchase.
All prices are quoted
in UK pounds Sterling
and include VAT.
Our acceptance of your
offer to purchase Goods
is subject to their availability.
Our acknowledgement of
order acceptance via web
or e-mail is not a guarantee
of delivery. We will inform
you if we are unable to
deliver the Goods which
you have offered to purchase.
No money will be taken
unless goods are dispatched
and invoiced. In the event
that we are able to supply
some but not all of the
Goods on the Order Form,
the whole amount for all
the goods on the Order
Form will be taken from
your credit card but a
full refund will then
be made, on dispatch,
for the unavailable Goods.
Every effort has been
made to ensure the descriptions
and price of goods are
correct. We will inform
you as soon as possible
in the event of an error
in pricing or description
coming to our attention.
Where we notify you of
such an error, you will
have the option of either
(i) confirming your offer
to purchase subject to
the corrected description
or price, or (ii) retracting
your offer to purchase
and receiving a full refund
if the Goods have been
paid for.
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| 5 |
Delivery
Details and Returns Policy |
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| 5.1 |
Delivery
Availability
and Authorisation
All deliveries are
subject to stock
availability and
authorisation of
your payment.
Delivery to
Cardholders Address
Only
Your order can only
be delivered to
the address to which
the credit/debit
card you are using
to pay for the goods
is registered to
(that is the address
shown on the credit/debit
card statement).
We cannot deliver
to other addresses.
Signature on
Receipt
A signature will
be required on delivery
of the goods to
you. Receipt of
a signature at the
delivery address
will be proof that
the order has been
delivered to you.
UK Delivery
- Next Day; £3.95
P&P
For all UK orders
authorised before
4pm (Monday to Friday
except Bank Holidays)
we will despatch
your order the same
day, for next day
am delivery. We
send the goods by
Royal Mail Special
Delivery, which
guarantees next
day delivery before
1pm. If you are
not in to receive
and sign for the
goods Royal Mail
will leave a card
telling how to contact
your local sorting
office to collect
or re-arrange delivery.There
is a flat £3.95
charge for UK delivery.
Western European
Countries (excluding
Denmark) - approx
5 working days from
authorization; £10
P&P
Orders for European
countries are sent
by air mail once
we have bank authorisation
(which can take
up to 72 hours).
Delivery then takes
around 5 days from
despatch for most
EU countries. There
is a flat £10
charge for this
service.
USA, Canada,
New Zealand &
Australia - approx
10 working days
from authorization;
£14 P&P
US, Canadian,
New Zealand and
Australia orders
are sent by air
mail once we have
bank authorisation
(which can take
up to 72 hours).
Delivery then takes
around 8 days from
despatch. There
is a flat £14
charge for this
service.
Rest of the
World
We regret that
we are unable to
accept payment by
credit or debit
card from countries
that do not fall
within the above
categories.If you
wish to place an
order click
here for information
on paying by bank
transfer
Duty
No duty applies
to goods shipped
within the European
Union. Outside the
EU any duty and
customs costs appropriate
to your country
are your responsibility.This
Delivery details
above are part of
out Terms &
Conditions section.
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| 5.2 |
Clothes Co Returns
Policy
At Clothes Co
we want you to be
satisfied every
time you shop with
us so we make our
returns policy simple.
Our "no quibbles"
guarantee means
that if for any
reason you are unhappy
with the goods you
have purchased,
just return them
to us in their original
condition and in
the original packaging
within 14 days and
we will issue a
full refund for
the price of the
item(s). This does
not include the
cost of the original
postage and packaging.
We will not refund
items that have
been worn or that
have had the tags
removed.
This does not affect
and is in addition
to your statutory
rights as a consumer.Please
include the original
invoice together
with any returned
good, having completed
the "Reason
for Return"
section at the foot
of the invoice.
Please ensure that
you wrap the package
securely.For your
own protection,
we recommend that
you send your package
by a recorded delivery
service and satisfy
yourself as to the
insurance arrangement
as we cannot be
held responsible
for packages lost
or damaged in the
post.
Please note that
UK Royal Mail recorded
delivery/registered
post only covers
losses up to £28,
unless you take
out additional insurance.Except
where the goods
you return are faulty
or damaged, you
are responsible
for the cost of
returning the goods
to us
Complaints Procedure
All queries should
be emailed to problems@clothesco.co.uk
and are generally
dealt with within
48 hours.
If we need to
investigate your
query further we
will advise you.
Returns Address
Clothes Co
Returns Department
PO Box 403
Macclesfield,
Cheshire,
UKSK10 4WR
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| 6 |
Payment
Options |
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Payment
We currently
accept the following
methods of payment.
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| 6.1 |
Credit cards:-
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| 6.2 |
Debit cards:-
- Solo
- Switch
- Visa Debit
- Delta
- Electron
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Payment
may be made by any
of the methods above
and will be debited
when we dispatch your
Goods. The total amount
you pay is the same,
regardless of the
payment method you
use.
Payment will be processed
using the services
of Protx Ltd and HSBC
Bank PLC. |
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| 7 |
VAT |
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Our prices
include VAT at the standard
UK rate. |
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| 8 |
Security
& Data Protection |
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| 8.1 |
Data
Protection |
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We are committed
to protecting your
privacy and the
security of any
information given
to us in order for
us to process your
order.
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| 8.2 |
Our
Data Protection Policy |
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We will
not gather or hold
personal information
about you unless you
have given your express
permission for us
to do so. By placing
an order, you will
consent to the use
of such personal information.
Any personal information
held or processed
will be kept up-to-date
and will be destroyed
as soon as the reason
for its collection
or processing has
lapsed.
No personal data about
customers will be
passed to any third
party, except to fulfil
the delivery of the
goods to you, and
as is necessary to
process credit or
debit card payments.
Your privacy and confidence
will be respected
at all times. |
| 8.3 |
Secure
Shopping |
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Our
system is designed
so that sensitive
information about
orders is never transmitted
insecurely. Even we
do not see your credit/debit
card details as they
are submitted to your
bank to obtain payment
using SSL encryption
technology.
Your information may
be provided to third
party service providers
for the purpose of
processing your offer
to purchase the goods.
We may use your e-mail
address to provide
you with information
on products, services,
promotions and special
offers where you have
indicated that this
is acceptable by signing
up for the newsletter
or where you have
requested us not to
do so. |
| 8.4 |
Third parties
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We will
not sell or pass your
details to third party
organisations except
for the purpose of
processing your offer
to purchase the goods.
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| 8.5 |
Consent |
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By making
an offer to purchase
Goods you consent
to the information
you provide to us
being processed for
any of the above purposes.
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| 8.6 |
Cookies |
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Cookies
are small pieces of
information that are
sent from your browser
to our web server.
On this website, cookies
are used to keep track
of the items you place
in your shopping basket.
We do not store any
personal information
in the cookie; they
are designed only
to collect information
of an anonymous nature.
We will not combine
such anonymous information
with your personal
details. |
| 8.7 |
Subject
Access Request |
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On your
written request, we
will (within 40 days
of such a request
being received by
us) supply to you
details of the personal
information which
we hold about you.
You must explain to
us clearly the information
you require to be
supplied: we are not
obliged to supply
to you information
which is not specifically
requested by you.
Under the terms of
the Data Protection
Act 1998, we are entitled
to charge you £10.00
for the provision
of information following
our receipt of such
a request.
Once we have received
your written request
and payment of the
fee, we will respond
to your request within
40 days.
You should note that,
under certain circumstances,
we will not be obliged
to disclose the requested
information to you,
in which case we will
explain to you the
reasons for our refusal.
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| 9 |
Right
to Cancel this Agreement |
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Under the Distance Selling
Regulations, you have
seven working days from
the Commencement Date
("the cooling-off
period") in which
to cancel this Agreement
if for any reason you
are not happy with the
Goods which have been
delivered to you. This
cooling off period begins
on the day after the day
you receive the Goods
from us.
If you wish to cancel
the Agreement, you must
notify us of this fact
in writing and send your
notification to us by
e-mail or post. Full contact
details are set out below.
On cancellation, you
must return the Goods
that we have delivered
to you. On our receipt
of the returned Goods,
we will exchange the Goods
or we will refund to you
the price you paid for
the Goods. Unless you
originally received substitute
goods, you will be liable
for the costs of returning
the Goods to us, and we
will not re-imburse you
for this. You should return
such Goods in accordance
with our Returns Policy.
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| 10 |
Limitation
of Liability |
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IMPORTANT:
THIS CLAUSE 10 CONTAINS
PROVISIONS WHICH RESTRICT
THE EXTENT TO WHICH WE ARE
LIABLE TO YOU FOR ANY LOSS
YOU MAY SUFFER IN CONNECTION
WITH THE GOODS. PLEASE READ
IT CAREFULLY AND DO NOT
MAKE AN OFFER TO PURCHASE
THE GOODS UNLESS YOU AGREE
TO THIS CLAUSE. |
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| 10.1 |
Nothing
in these terms and
conditions is intended
to exclude any provision
of the Unfair Contract
Terms Act 1977, or
of the Unfair Terms
in Consumer Contracts
Regulations 1999,
or of any other legislation
designed to ensure
that the rights of
parties to a contract
of the type of this
Agreement (i.e. standard
terms and conditions
which are not individually
negotiated) are fairly
balanced. |
| 10.2 |
Subject to the
aforesaid, we shall
not be liable to
you for any loss
or damage unless
such loss or damage
arises as a direct
result of our negligence,
recklessness or
willful misconduct,
or fraud or misrepresentation
on our part.
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| 10.3 |
To the
fullest extent permitted
by applicable law,
we disclaim all liability
for our employees'
or sub-contractors'
negligence. |
| 10.4 |
We may
include links from
time to time from
our website to other
internet sites. We
have no control over
the content of such
sites and disclaim
any liability in respect
of your use of such
sites. |
| 10.5 |
All
conditions, terms,
representations and
warranties relating
to the Goods which
are not expressly
stated in this Agreement
are hereby excluded
to the fullest extent
permitted by law.
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| 10.6 |
Our
total liability to
you in respect of
any claim by you arising
out of or in connection
with the provision
(or the failure to
provide) the Goods
shall be limited to
the value of the goods
supplied. |
| 10.7 |
No claim
by you against us
shall be valid unless
you have notified
us of the details
of the claim within
one year of it arising.
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| 10.8 |
Every
provision of this
clause 10 excluding
or limiting liability
shall be construed
separately, applying
and surviving even
if for any reason
any of these provisions
is held inapplicable
or unenforceable in
any circumstances,
and shall remain in
force notwithstanding
the expiry or termination
of this Agreement. |
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| 11 |
Indemnity |
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IMPORTANT:
IN THIS CLAUSE 11 YOU AGREE
THAT YOU WILL BE LIABLE
FOR ANY LOSS WE (OR CERTAIN
PEOPLE CONNECTED WITH US)
SUFFER AS A RESULT OF BREACH
OF THE AGREEMENT BY YOU
OR BY CERTAIN PEOPLE CONNECTED
WITH YOU. PLEASE READ IT
CAREFULLY AND DO NOT MAKE
AN OFFER TO PURCHASE THE
GOODS UNLESS YOU AGREE TO
THIS CLAUSE. You agree that
you shall be liable for,
and hereby agree to indemnify
us on demand in respect
of any and all demands,
liabilities, losses, costs
and claims (including reasonable
legal fees) sustained or
incurred by us, our agents,
suppliers, resellers, our
customers, officers or employees,
and arising as a result
of breach by you of this
Agreement. |
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| 12 |
Website
Content |
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We have used
reasonable care and skill
in compiling the content
of our website but make
no warranty, express or
implied, as to the nature
or accuracy of any material
on the website and cannot
accept liability for any
particular material on the
website or as a result of
any use of or reliance placed
upon information contained
within the website. Although
every effort is made to
ensure complete accuracy,
some prices or details shown
on the website may change
from time to time, and it
is possible that errors
will occur. We will use
reasonable endeavours to
rectify any errors as swiftly
as possible. |
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| 13 |
Contact
Details |
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If you have
any queries about these
terms and conditions, or
any other aspect of our
website, or you have a complaint,
you can phone us on 01625
858491, or contact us by
clicking
here or write to us
at: Clothes Co, Customer
Service, PO Box 403, Macclesfield,
Cheshire, UK. SK10 4WR.
We shall respond to any
communication received by
us as quickly as we can.
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| 14 |
Law and
Jurisdiction |
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The Agreement shall be
governed by and construed
in accordance with English
law and you agree to submit
to the non-exclusive jurisdiction
of the English courts.
You are responsible for
compliance with any applicable
laws of the country from
which you access our website.
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