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FASHION EMPORIUM TERMS & CONDITIONS OF SALE
Vendor: Fashion Emporium. 21 The Copse, Southwood, Farnborough GU14 0QD
Contact
e-mail address: sales@fashionemporium.co.uk
- Introduction
These terms and conditions relate to goods which you offer to purchase from
the Fashion Emporium online store (“our/this website”). Please
read these terms and conditions which govern your use of this website and
our supply to you of any goods which you offer to purchase through our online
facilities.
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 feel free to e-mail
us at sales@fashionemporium.co.uk .
By making an offer to purchase, you agree to be bound by the whole 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).
You must be 16 years or older and resident within the United Kingdom to register
for the Service. By clicking on the “I accept” button, you confirm
to us that you are at least 16 years of age and resident in the United Kingdom.
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.
- Definitions
In these terms and conditions:-
2.1 “Commencement Date” means the date when our agreement with
you is concluded (see clause 3.3).
2.2 “Confirmation Form” 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 “Order Form” means the form completed by you
online and showing details of the goods which you have offered to purchase
from us.
2.5 “Goods” means the goods to be provided by us to you,
as described in the Order Form and Confirmation Form 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 Confirmation Form, the description
on the Order Form or Confirmation Form shall be conclusive).
2.6 “We/us/our” refers
to Fashion Emporium at 21 The Copse, Southwood, Farnborough, Hampshire GU14
0QD.
2.7 “you/yours” refers to you, the person offering to purchase
goods from us.
- Your Agreement with Us
3.1 These terms and conditions, together with the Order Form, Confirmation
Form, 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 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.
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.
3.3 The Agreement is
concluded only when we have accepted your order by sending you a Confirmation
Form (with the date of conclusion of the Agreement being
the date shown on that Confirmation Form).
- Order
Payment can be made using any of the methods listed on this website (see item 6 below)and will be debited when we have accepted
your offer to purchase.
All prices are quoted in UK Pounds Sterling and are inclusive of packaging
and delivery.
Our acceptance of your offer to purchase Goods and our acknowledgement of
order acceptance via web or e-mail is not a guarantee of delivery. All Goods
are
subject to availability and if any Goods are out of stock or no longer in
production, you will be offered the opportunity to select an alternative.
If you do not
wish to have an alternative, you may cancel that part of the order in respect
of such Goods. Upon cancellation, Fashion Emporium will refund to you any
of the payments received for the relevant cancelled Goods and neither party
shall
have any further liability to the other. Part cancellation shall not affect
your rights or obligations in relation to other Goods in the same order or
other orders.
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 payment of the Goods has already
been made.
Fashion Emporium reserves the right to refuse any orders and has the right
to decline any order which contains erroneous prices.
You will be responsible for the accuracy of any information in relation to
any orders submitted through the Website. If you discover any errors after
the submission of an order, please e-mail sales@fashionemporium.co.uk immediately.
Whilst Fashion Emporium will endeavour to rectify any orders which contain
errors, Fashion Emporium cannot be responsible for the consequences of any
such errors once an order confirmation has been sent.
- Delivery Details and
Returns Policy
5.1 Delivery
All deliveries are subject to stock availability and authorisation of your
payment.
We shall endeavour to deliver the Goods you have offered to purchase within
7-28 days after we receive your offer. If there are any delays we will notify
you of such delay as soon as possible.
We can only deliver to addresses in the United Kingdom.
Your order will be delivered to the credit card billing address or, if specified
on the Order Form, to an alternative delivery address, as long as that address
is in the UK (i.e. has a Royal Mail postcode).
The price of the goods is exclusive of Packaging and Postage, Postage is charged at £3.95 for 1 or 2 items, £6.95 for 3 items or more.
We can only deliver the Goods to you during office hours, Monday to Friday
and we are unable to specify the time at which the Goods will be delivered
to you. If you have any special delivery requirements, please email sales@fashionemporium.co.uk
prior to placing your order and you will be advised if your request can be
arranged.
A signature will be required on delivery of the Goods to you. Receipt of
a signature at the specified delivery address will be proof that the order
has
been delivered to you.
5.2 Returns
We accept returns via post.
On cancellation for whatever reason, you must return the Goods which we have
delivered to you. If the Goods are faulty, incorrect or damaged we will meet
the cost of return and (at your option) we will replace or exchange such
Goods or we will refund to you the price you paid for the Goods. In all other
circumstances,
we will exchange the Goods or refund you the amount which you paid for the
Goods, but we will not refund any costs to return the Goods to us. This policy
is in addition to any statutory rights which you have as a consumer.
Where you cancel this Agreement because you think that the Goods are faulty,
incorrect or damaged on delivery please return the Goods with proof of purchase
to Fashion Emporium at 21 The Copse, Southwood, Farnborough, Hampshire GU14
0QD in the following manner:-
- Goods must be adequately sealed in the original
packaging. Please note that the Royal Mail may reject any package that
is not adequately wrapped;
- please make sure that you have addressed
the package clearly with the Fashion Emporium address.
- Please make
sure that you get a certificate of posting from the Post Office as
proof that you have sent the package (the Post Office
do not
charge for
issuing these certificates).
Please note that, unless the Goods which you return are faulty, incorrect or damaged, you are responsible for the costs of returning the Goods to us and any re-delivery costs charged at the standard rates.
- Payment Options
6.1 Payment via Paypal (find out more from Paypal)
Online payment will be processed using the services of Paypal.
6.2 Payment via
cheque or banker’s draft to be made payable to Fashion
Emporium and addressed to Fashion Emporium at 21 The Copse, Southwood, Farnborough,
Hampshire GU14 0QD.
Payment may be made by either of the above methods and will be debited when
your order is received. The total amount you pay is the same, regardless
of the payment method you use. Payment by credit or debit card shall be made
when an order is submitted. Cheques or bankers draft must be received before
an order is submitted. If a cheque is rejected, your order will not be dispatched.
- Security & Data Protection
7.1 Data Protection
We are committed to protecting your privacy and the security of any information
given to us in order for us to process your order.
7.2 Our Data Protection Policy
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.
7.3 What Information is collected about you and how is it used?
When you place an order we need to collect your name, address, e-mail and telephone
number as well as details of the method by which you intend to pay for the
Goods. This information allows us to process your offer to purchase Goods and
delivery of those Goods to you. We use your e-mail address to send you notification
of the status of the order. We will contact you by e-mail or by telephone if
any problems occur regarding delivery of the Goods to you.
This information may be provided to third party service providers for the purpose
of processing your offer to purchase the goods.
7.4 Third parties
We will not sell or pass your details to third party organisations except for
the purpose of processing your offer to purchase the goods.
7.5 Consent
By making an offer to purchase Goods you consent to the information you provide
to us being processed for any of the above purposes.
7.6 Cookies
Cookies are small pieces of information that are sent from your browser to
our web server.
On this web site, cookies are used to keep track of the items you place in
your shopping basket. These cookies expire after 2 days.
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.
You will need to ensure your cookies are enabled to allow you to purchase from
our site.
7.7 Security
The security of your transaction is important to us and to prevent any details
being seen by unauthorised persons it is protected throughout the payment
process. To do this we use a secure server to encrypt the information before
it is sent
to the payments processor.
- Distance Selling Regulations
We are obliged by law to provide you, prior to the delivery to you of the
goods which you have purchased, with certain information in relation to those
goods and your rights in relation to the agreement with us. This information
appears throughout these Terms and Conditions, but is summarised in the Confirmation
Form.
- Right to Cancel this Agreement
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 reimburse you for this.
You should return such Goods to Fashion Emporium, 21 The Copse, Southwood,
Farnborough, Hampshire GU14 0QD as follows:-
- Goods must be adequately sealed
in the original packaging. Please note that the Royal Mail may reject
any package that is not adequately wrapped;
- fully complete the Returns
Form included with the delivery package, this will ensure that you receive
your refund or replacement goods promptly;
- please make sure that you
have addressed the package clearly with the above address and ensure
that you get a certificate of posting from the
Post Office
as proof that you have sent the package (the Post Office do not charge
for issuing these certificates).
- Limitation of Liability
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.
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 wilful misconduct, or fraud or misrepresentation on our part.
10.3 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.
10.4 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.
10.5 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.
10.6 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.
10.7 Every provision of this clause 11 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.
- Indemnity
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, our customers, officers or employees, and arising as a result of
breach by you of this Agreement.
- Website Content
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. The Confirmation Form is conclusive as to the
Charges and the description of the Service.
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 soon as possible.
- Contact Details
If you have any queries about these terms and conditions or any other aspect
of our website or you have a complaint, please e-mail us at sales@fashionemporium.co.uk or write to Fashion Emporium, 21 The Copse, Southwood, Farnborough, Hampshire
GU14 0QD.
We shall endeavour to respond to any communication received by us as soon as
possible.
- Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the law
of England and you submit to the exclusive jurisdiction of the courts of England.
You are responsible for compliance with any applicable laws of the country
from which you access our website.
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