The Perfect Dress - Terms and Conditions of Sale
1. Interpretation
1.1 In these conditions
"Buyer" means the person whose order for the Goods is accepted by the Seller.
"Goods" means the evening dress wear and accessories which the Seller is to sell in accordance with these Conditions.
"Seller" means The Perfect Dress
"Conditions" means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and the Seller.
"Contract" means the contract for the sale and purchase of the Goods.
1.2 Any reference in thses Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time.
1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation
2. Basis of the sale
2.1 The Seller shall sell and the Buyer shall purchase the Goods in accordance with any written price list on the Seller's website or otherwise accepted by the Buyer subject to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions.
2.2 No variation to these Conditions shall be binding unless agreed in writing between the Buyer and the Seller.
2.3 The Seller's employees or agents are not authorised to make any representations concerning the Goods unless in writing.
2.4 Every effort is made to ensure that the prices shown are correct at the time of publication in the sales literature or on any website. Any typographical clerical or other error or omission in any sales literature quotation price list acceptance of offer invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
3. Orders and specifications
3.1 No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed in writing by the Seller, when it becomes binding. The acceptance of the order is conditional on the availability of the Goods the Buyer has ordered. If any of the Goods the Buyer has ordered are unavailable or should events occur beyond reasonable control, the Seller reserves the right to cancel the order. In such circumstances the Seller shall let the Buyer know as soon as possible.
3.2 The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order submitted by the Buyer and for giving the Seller any necessary information relating to the Goods within a sufficient time. It is the Buyers responsibility to check that all the details and aspects of the order are correct and suitable for the requirements of the Buyer.
3.3 The quantity quality and description of and any specification for the Goods shall be those set out in the Seller's website and every effort is made to ensure that the Goods which are to be supplied correspond as closely as possible to those sold but they may not be exactly the same. The Seller will accept no responsibility for these slight variations. Further, a size chart is provided as a guide only. The Buyer should note that this chart shows the standard measurements to British ladies' dress sizes.
3.4 No order which has been accepted by the Seller may be cancelled by the Buyer execpt with the agreement in writing of the Seller and on terms that the Buyer shall pay and indemnigy the Seller in full against all loss (including loss of profit) costs damages charges and expenses incurred by the Seller as a result of cancellation.
4. Price of the Goods 4.1 The price of the Goods shall be the Seller?s quoted price current at the date of acceptance of the order. All prices quoted are valid for 30 days only unless as stated by the Seller. VAT is not charged.
4.2 The Seller reserves the right by giving notice to the Buyer at any time before delivery to increase the price of the Goods to reflect any increase in cost to the Seller which is due to any factor beyond the control of the Seller any change in delivery dates, quantities or specifications for the Goods which is requested by the Buyer or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate written information or instructions.
5. Terms of payment and Returns
5.1 The Buyer shall pay the price of the Goods on ordering the Goods. The time of payment for the Goods shall be of the essence.
5.2 Before the Goods have been delivered, the Buyer has the right to cancel the Goods at any time.
5.3 If the Goods have already been despatched or delivered to the Buyer, the Buyer must notify the Seller in writing within 7 days from the day following delivery of the Goods that the Goods will be returned.
5.4 When returning the Goods, the Buyer must return them to the Seller with proof of purchase (receipt or despatch note) unused and in the condition which the Buyer received them, including all original packaging. The cost of return must be borne by the Buyer. The Seller reserves the right to refuse a return where the Seller believes the Goods are not as new, worn, altered or modified or not in their original packaging. The Goods must have tags still attached. Jewellery cannot be returned for hygiene reasons.
5.5 If the Buyer believes that any of the Goods are faulty, defective or to be of unsatisfactory quality, the Buyer should immediately contact the Seller and treat the Goods with the utmost care and return them to the Seller (at the Seller?s cost). This does not affect the Buyer?s statutory rights. The Seller will then carry out an inspection and evaluation of the Goods and if it finds the Goods are faulty, a full refund will be given to the Buyer.
6. Delivery
6.1 Delivery of the Goods shall be made by delivering the Goods to the place indicated by the Buyer. There is no cost for delivery of full price goods to addresses in the UK. Sale items are subject to a flat rate delivery charge of £7.50 per item which is non-refundable should the goods be returned. Outside the UK, prices for delivery are available on request.
6.2 If the Seller fails to deliver the Goods for any reason other than any cause beyond the Seller?s reasonable control or the Buyer?s fault and the Seller is accordingly liable to the Buyer the Seller?s liability shall be limited to the cost of the Goods.
6.3 If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer?s reasonable control or by reason of the Seller?s fault) then without prejudice to any other right or remedy available to the Seller the Seller may:
6.3.1 Store the Goods until actual delivery and charge the Buyer for reasonable costs (including insurance) of storage or
6.3.2 Sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract.
7. Risk and property
7.1 Risk of damage to or loss of the Goods shall pass to the Buyer on delivery.
7.2 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due.
7.3 Until such time as the property in the Goods passes to the Buyer the Buyer shall hold the Goods as the Seller?s fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer and third parties and properly stored protected and insured and identified as the Seller?s property.
7.4 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold) the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller and if the Buyer fails to do so forthwith to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.
8. Warranties and liability
8.1 Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Buyer are not affected by these Conditions.
8.2 The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of the Seller?s obligations in relation to the Goods if the delay or failure was due to any cause beyond the Seller?s reasonable control including any Force Majeure Circumstance as defined in Clause 10.1.
9. Indemnity
9.1 Without prejudice to any duty of the Buyer at common law the Seller shall be entitled to require the Buyer to take such steps as the Seller may reasonably require to mitigate or reduce any such loss damages costs or expenses.
10. Force Majeure
10.1 The Seller shall not be liable to the Buyer for any loss or damage which may be suffered by the Buyer as a direct or indirect result of the supply of the Goods by the Seller being prevented hindered delayed or rendered uneconomic by reason of any Force Majeure Circumstances.
10.2 In this condition ?Force Majeure Circumstances? shall mean any Act of God, riot, strike, lock out, trade dispute or labour disturbance; accident, bread down of plant or machinery, fire, flood, difficulty or increased expense in obtaining workmen materials or transport or other circumstances whatsoever outside the reasonable control of the Seller affecting the provision of the Goods or of raw materials therefore by the Seller?s normal source of supply or the manufacture of the goods by the Seller?s normal means or the delivery of the Goods by the Seller?s normal route or means of delivery.
11. General
11.1 Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
11.2 No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
11.3 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
11.4 The Contract shall be governed by the laws of England, and the Buyer agrees to submit to the non-exclusive jurisdiction of the English Courts.
|
Home
