Definitions and Interpretation
1.1 in these conditions:
Contract - means any contract for the sale of goods and/or the supply of services between us and you into which these Conditions are incorporated; Conditions - means the standard terms and conditions of sale set out below, including the Returns Policy and any special terms and conditions confirmed in writing by us; Goods - means the goods and/or services which we shall supply in accordance with these Conditions, under an order which is accepted; Returns Policy – means the standard terms and conditions found here http://yoursclothing.co.uk/returns-policy applicable when Goods are returned to us by you and which are hereby incorporated to these Conditions. we - means Exotic Treasures, and “us” and “our” shall be construed accordingly; you - means the person placing an order for the Goods and entering into the Contract with us and “your” shall be construed accordingly;
1.2 The headings in these Conditions are for convenience only and shall not affect their interpretation.
1.3 Unless expressly stated otherwise, where rights and decisions are to be exercised or made at our discretion, then we shall be under no duty or obligation to you to justify or provide a reason for the decision.
1.4 Where our prior written consent is required in these Conditions, we shall not unreasonably withhold or delay in giving that consent.
1.5 All rights expressly reserved by or granted to us by these Conditions shall be without prejudice to any other rights which we may have from time to time.
Basis of Sale
2.1 These Conditions (as updated by us from time to time) shall set out the entire agreement. No variation of these Conditions shall be binding unless agreed in writing by us and attached hereto. You will be subject to the policies and terms in place at the time you order the Goods from us, unless such change is required by law or government or regulatory authority (in which case it will apply to any orders you have previously placed). These Conditions apply to all purchases you make from us at any time, regardless of how the order is made.
2.2 Our employees and agents are not authorised to make any representation concerning the Goods unless confirmed by us to you in writing. In entering into a Contract you acknowledge that you have not relied on any such representations which are not so confirmed.
2.3 Where Goods are to be delivered by instalments, each instalment shall constitute a separate Contract. Failure by us to deliver any instalment shall not entitle you to cancel any other instalment.
2.4 All specifications, drawings and particulars of weights, dimensions and performance issued by us are approximate only.
2.5 We reserve the right to withdraw any offer or special promotions without notice. In the event that you have already placed an order under the Conditions that we have accepted we will provide you with a full refund for any money received.
Orders and Specifications
3.1 Your order represents an offer to purchase the Goods which is accepted by us when we issue you with written acceptance of the order. Our acceptance of your order is conditional upon the Goods being intended for personal use and not for resale. By placing an order you warrant that you are at least 16 years old. All orders are subject to availability and on a first-come first-served basis as unfortunately we are unable to reserve Goods. We reserve the right to refuse to accept an order.
3.2 If we reasonably believe you are intending to resell the Goods (whether on e-Bay or otherwise) we reserve the right to refuse your order. In the event we do accept your order we will be entitled to treat you as a commercial customer and:-
3.2.2 the terms of our Returns Policy’ will be withdrawn;
3.3 You shall be responsible for ensuring the accuracy of the terms of any order submitted by you, and for giving us any necessary information relating to the Goods within a sufficient time to enable us to perform the Contract in accordance with these Conditions. We shall not be liable for all costs and expenses incurred by you due to inaccurate information submitted by you or, if the goods are ordered by mobile telephone, as a result of network failure.
3.4 You shall indemnify us against all loss, damages, costs and expenses awarded against or incurred by us in connection with or paid or agreed to be paid by us in settlement of any claim for infringement of any patent, copyright, design right, trade mark or other intellectual property rights of any other person which results from our use of your specification; (3) We reserve the right to make changes in the specification of the Goods which are required to conform with any applicable statutory or USA requirements.
Price of the Goods
4.1 The price of the Goods shall be the price confirmed by us at the time the order is placed.
4.2 While we try to ensure that all prices in our catalogues and on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered (whether this by our error or an error by any third party), we will inform you as soon as possible and give you the option of re-confirming the order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you have already paid for the goods and the order is subsequently cancelled, you will receive a full refund.
4.3 In the event that we are unable to supply the Goods at the price or specification stated in the order, we will where possible notify you of any changes and where the Goods ordered are not available we may offer you substitute goods whereby you will be asked to re-confirm your order at the new price and/or specification. You are not obliged to accept any substitute Goods and will be entitled to receive a full refund if you confirm that the substitute Goods are not acceptable.
4.4 The price is inclusive of any applicable value added tax or other sales tax (at the rate from time to time in force). Any packaging or delivery costs for which you shall be liable will be confirmed prior to your order being placed.
4.5 All voucher codes are not valid on sale items unless specifically stated.
Terms of Payment
5.1 Please see our Payment Options for our terms of payment.
5.2 If you fail to make any payment on the due date then we reserve the right to cancel the Contract or suspend further deliveries to you.
5.3 All credit and charge card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery. In addition, in the interests of preventing fraudulent use of credit, debit and charge cards, Exotic Treasures will validate the names, addresses and other information supplied during the order process against commercially available records (e.g Electoral Roll data, credit reference services). We reserve the right to instruct a third party to complete these checks. By ordering from the catalogue or our website you consent to such checks being made. We may need to contact you by letter, telephone, SMS or email to verify details before we are able to process and dispatch your order or we may be unable to accept your order and we shall not be liable for any delay or non-delivery this may cause. Any information given may be disclosed to a registered Credit Reference Agency which may keep a record of the information. All information provided will be treated in accordance with the Data Protection Act 1987 by the United States of America.
6.1 You shall make all arrangements to take delivery of the Goods whenever they are tendered for delivery.
6.2 We aim to provide you with an approximate date on which the Goods will be ready for collection or delivery. Where we become aware that the date of delivery may be delayed, we shall notify you as soon as possible and aim to provide you with a revised date. We shall not be liable for any loss you incur, whether financial or otherwise, resulting directly or indirectly from our delay or failure to meet the estimated date. Time for delivery shall not be of the essence of the Contract unless previously agreed in writing by us. We may deliver the Goods in advance of the quoted delivery date upon giving you reasonable notice.
6.3 If we fail to deliver the Goods (or any instalment) for any reason other than any cause beyond our reasonable control or your fault, and we are accordingly liable to you, our liability shall be limited to the excess (if any) of the cost to you (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.
6.4 We reserve the right to deliver your first order of Goods to the cardholder’s registered address, regardless of any alternative address that you may provide to us. Thereafter, we may attempt to deliver Goods to any such alternative address, but this will be at our discretion and we shall not be responsible to you provided we deliver the Goods to either the cardholder’s registered address or any alternative address. In the event we fail to deliver the Goods to the cardholder’s registered address or any such alternative address within 90 days’ or following 3 attempts by us (whichever is earlier) due to reason(s) reasonably considered to be your fault than we may in our discretion refund the sum paid to us by you and cancel the Contract.
6.5 If you fail to take delivery of the Goods or fail to give us adequate delivery instructions at the time stated for delivery then we reserve the right to store the Goods until actual delivery and charge you for the reasonable costs (including insurance) of storage or subsequent delivery charges which we may incur.
6.6 You will be liable for all customs requirements and duties arising for delivery of Goods outside the USA. We accept no responsibility for these requirements and duties. Any such charges must be borne by you and you are responsible for complying with all laws and regulations of the country in which you are importing the Goods. We shall not be liable for delayed delivery times due to packages being inspected by customs. You agree that if we incur any liability due to your failure to comply with custom requirements and duties by you that you shall reimburse us for against all loss, damages, costs and expenses awarded against or incurred by us in connection with such claim.
6.7 In order to ensure a quick and convenient delivery process we will need to provide the delivery company with the following information: your name, delivery address, email and contact telephone number.
Risk and Property
7.1 Risk of damage to or loss of the Goods shall pass to you in the case of Goods to be delivered otherwise than at our premises, at the time of delivery or, if you fail to take delivery of the Goods, the time when you have collected the Goods.
7.2 Notwithstanding delivery and the passing of risk for the Goods to you, the transfer of the ownership of the Goods shall not pass to you until we have received in cleared funds payment in full of the price of the Goods.
7.3 Until such time as the as the property in the Goods passes to you and where you fail to pay for the Goods in accordance with these Conditions, we shall be entitled, at any time, to require you to deliver up the Goods to us and, if you fail to do so seek a court order to permit us to enter upon any premises where the Goods are stored and repossess the Goods.
Warranties and Liability
8.1 Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by the applicable law. Where the Goods are sold to a person dealing as a consumer.
8.2 Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976, as amended) your legal rights are not affected by these Conditions. Further information on your legal rights can be obtained from Trading Standards or Citizens Advice Bureaux.
8.3 The warranty contained in Clause 8.1 does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Goods in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval.
8.4 In the unlikely event that the Goods do not conform to these Conditions, please let us know as soon as possible after delivery. We will collect the Goods on a date agreed between us or ask you to return the Goods to us at our cost and once we have checked that the Goods are faulty, we will either:
(a) provide you with a full or partial refund;
(b) replace the Goods; or
(c) repair the Goods.
9.1 Neither party shall be liable to the other or deemed to be in breach of Contract by reason of delay or failure to perform any of that party’s obligations if the delay or failure is due to an act or cause beyond that party’s reasonable control.
9.2 These Conditions do not purport to confer a benefit on any third party.
9.3 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing or by email addressed to the other party and delivered to the address or email address provided at the time the order is confirmed or any subsequent or alternative address which one party may notify to the other from time to time.
9.4 Where we do not take action against you for any breach of the Contract, we shall not be prevented from taking action against you in respect of any subsequent breach of the same or any other provision.
9.5 Where any competent authority deems any Condition to be invalid or unenforceable in whole or in part, then the offending part shall be removed and the validity of the remainder of the Conditions shall not be affected.
9.6 The Contract and these Conditions shall be governed by the laws of USA, and you agree to submit to the exclusive jurisdiction of the American courts.
9.7 We reserve the right to monitor and record telephone calls our staff receive and make, in order to monitor staff performance and ensure the highest service possible is provided to our customers.
9.8 The copyright in all photographs, images and descriptions contained in our catalogue and on our website are owned by Exotic Treasures and may not be reproduced without the express consent of Exotic Treasures.
9.9 All dealings between us in connection with these Conditions and each Contract shall be carried on in the American language.
9.10 You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
Your Right to Cancel
10.1 If, for any reason you are unhappy with the Goods, you have the right to cancel your order at any time within seven working days from the day after the day on which the Goods were received.
10.2 If you wish to cancel before the Goods are dispatched, you are asked to contact us by as soon as reasonably possible.
10.3 If you wish to cancel after the Goods are dispatched, please return the Goods to us indicating whether you require an exchange or refund as soon as possible. You have a legal obligation to take reasonable care of the Goods whilst they are in your possession. If you fail to comply with this obligation we have a right of action against you for compensation. Please refer to our Returns policy.
10.4 Please note that the right of cancellation does not apply where Goods are specifically made to your specification or personalised at your request.
We shall not be liable to you or be deemed to be in breach of this Agreement by reason of any delay in performing or any failure to perform any of our obligations if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond our reasonable control:-
11.1 Act of God explosion flood tempest fire or accident;
11.2 War or threat of war sabotage insurrection civil disturbance or requisition;
11.3 Acts restrictions regulations bye-laws prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;
11.4 Import or export regulations or embargoes;
11.5 Strikes lock-outs or other industrial actions or trade disputes (whether involving employees of us or of a third party);
11.6 Power failure or breakdown in machinery.
11.7 Delays with delivery due to adverse weather conditions.