Terms & Conditions
TERMS & CONDITIONS
1. Definitions
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
(a) Event Outside Our Control: is defined in clause 7.2;
(b) Our Website: www.ethnicityclothing.com
(c) Product: the product We provide to you as set out in your online order though Our Website.
(d) Terms: the terms and conditions set out in this document; and
(e) We/Our/Us: Cuttingline Solutions Limited T/A Ethnicity Clothing and we operate the website. We are registered in England and Wales company number 05762065.
2. Our contract with you
2.1 These are the terms and conditions on which We supply Product to you.
2.2 Please ensure that you read these Terms carefully. By using Our Website or placing an order, you agree to be bound by the Terms.
2.3 In order to contract with Us, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to Us.
2.4 When you place an order on Our Website, We shall email you an order confirmation email. Our acceptance of your order does not take place until dispatch of the order, at which point the contract for the purchase of Product will be made and you will be charged. We shall email you once your Product has been dispatched. If We are unable to supply you with the Product, We will inform you of this via email and We will not process the order.
2.5 Once you have checked out and you have received your order confirmation email you will not be able to make any changes to your order so please make sure that everything is correct before placing your order.
2.6 Any discounts triggered by the entry of a promotional code will not be applied until the order is accepted.
2.7 We reserve the right to refuse or cancel an order. Non-acceptance of an order may, for example, result from one of the following:
* The Product ordered being unavailable from stock
* Our inability to obtain authorisation of payment
* The identification of an error within the Product information, including price or promotion
* If We suspect any fraudulent activity.
2.8 The inclusion of any Product on Our Website at a particular time does not imply or warrant that these Products will be available at any time. We reserve the right to discontinue any product at any time.
3. Providing Product
3.1 We endeavour to dispatch orders in the fastest possible time and in the order in which they are placed. Before you place your order, you will be informed of the expected dispatch date.
3.2 We will make every effort to dispatch the Product on time. However, there may be delays due to an Event Outside Our Control. See Section 7 for Our responsibilities when an Event Outside Our Control happens.
3.3 We will need certain information from you that is necessary for Us to provide the Product, for example, full name of the recipient, full delivery address and billing address and telephone number including mobile number of the recipient. You will need to provide such information to Us when you place an order online. If you do not provide Us with this information, or you provide Us with incomplete or incorrect information, We may make an additional charge of a reasonable sum to cover any extra work that is required. We will not be liable for any delay or non-performance where you have not provided this information to Us after We have asked. If We suspend the supply of Product under this clause 3.3, you do not have to pay for the Product while they are suspended, but this does not affect your obligation to pay for any invoices We have already sent you.
4. Price and payment
4.1 Whilst We try and ensure that all details, descriptions and prices which appear on Our Website are accurate, errors may occur. If We discover an error in the price of any Product which you have ordered We will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If We are unable to contact you We will treat the order as cancelled. If you cancel and you have already paid for the Product, you will receive a full refund.
4.2 The information on Our Website may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on Our Website that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies
4.3 The prices displayed on Our Website include the statutory Value Added Tax but do not include a delivery charge. If the VAT rate applicable on the date of the order is changed after the order has been made, the change will be reflected in the price of items without you being notified.
4.4 When placing an order you undertake that all details you provide to Us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the Product. All prices advertised are subject to such changes.
4.5 Upon receiving your order We carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfill the transaction. Products will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.
5. International delivery
5.1 We deliver to most International Delivery Destinations. However, there are restrictions on some Products for certain International Delivery Destinations, so please review the information on that page carefully before ordering any Product.
5.2 If you order a Product from Our Website for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that We have no control over these charges and We cannot predict their amount.
5.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
5.4 You must comply with all applicable laws and regulations of the country for which the Product is destined. We will not be liable or responsible if you break any such law.
6. Our liability to you
6.1 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by you and Us at the time We entered into this contract.
6.2 Nothing in these Terms shall exclude or limit Our liability with regard to any matter for which it would be unlawful for Us to limit or exclude Our liability.
6.3 We are not responsible for indirect losses which are a side effect of the main loss or damage, for example loss of profits or loss of opportunity; or for failure to deliver the Product or to meet any of Our other obligations under these Terms where such failure is due to an event that is beyond Our reasonable control, which includes but is not limited to the Events Outside Our Control defined in clause 7.2.
6.4 Our maximum liability to you for any loss or damage arising in connection with your order on Our Website shall be limited to the total price of your order.
6.5 We make all reasonable efforts to accurately display the attributes of Our Product, including composition and colours. The colour you see will depend on your computer system, and We cannot guarantee that your computer will accurately display such colours.
6.6 We do not exclude or limit in any way Our liability for:
(a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(d) breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective Product under the Consumer Protection Act 1987.
7. Events Outside Our Control
7.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
7.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
7.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our performance of Services to you, We will re-supply the Product as soon as reasonably possible after the Event Outside Our Control is over.
7.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Product. Please see your cancellation rights under section 7. We will only cancel the order if the Event Outside Our Control continues for longer than [4] weeks in accordance with Our right set out in clause 9.
8. Your rights to cancel and applicable refund
8.1 You may cancel any order for products up to 15 minutes after placing your order, and before receiving Our confirmation of dispatch email. After that, you cannot cancel your order. Please email info@ethnicityclothing.com with your order reference number in order for your cancellation to be processed.
8.2 Once you have received the Product, it is not exchangeable. However, for non-defective Product, you may return your order within 14 days of receipt of the Product. If you have been charged for the Product, you will receive a refund. We will only refund you the delivery costs if the Product you have received is defective. Should you choose to keep certain items and only partially cancel your order, the delivery cost will not be refunded.
8.3 You should check all Products you receive against your order. If the Product you receive is damaged or incorrectly supplied on delivery then you must inform Us by email to info@ethnicityclothing.com within 5 days of receipt of the goods. You must return the Product to Us as soon as possible after informing Us that the Products are damaged or have been incorrectly supplied. In the case of damaged or incorrectly supplied Product, We may offer you a replacement Product.
8.4 To cancel your order please contact info@ethnicityclothing.com with your order reference number. We will email you to confirm We have received your cancellation
8.5 For return of a Product, please return it to our Returns address 6 Elliot Road, Hendon, London, nw4 3dl. We will provide a refund in the same method used to make the payment (or, if the items have not yet been paid for, reflect the return of the items in your account balance) as soon as possible and at the latest within 21 days of receiving your returned Product. It is dependent on your bank or payment provider how quickly these funds will show in your account.
8.6 If you choose to return a Product to Us, We will not be responsible for any loss or damage to it in transit and, for this reason, We recommend that you use a recorded delivery service. If returned Product is lost or damaged in transit, We reserve the right to charge you (or not to refund any amounts attributable to) such loss or damage.
8.7 We guarantee a full refund provided that all Products are returned in the same condition they were in upon your receipt. This means the Products should not have been damaged, soiled, washed, altered or worn (other than to try the item on) and that any labels or tags should be intact.
8.8 Where We deliver products to a third party in accordance with your order, you will only be able to exercise this cancellation right if you can return the Product to Us.
8.9 This is not intended to be a full statement of all your rights under the Consumer Rights Directive 2011/83 as implemented in the applicable EU member state (“CRD”). Full details of your rights under the CRD are available in the UK from your local Citizens’ Advice Bureau or your Local Authority’s Trading Standards Office.
9. Our rights to cancel
9.1 We may have to cancel an order due to an Event Outside Our Control or any other reasons including but not limited to those set out in clause 2.7. If this happens:
(a) We will promptly contact you to let you know;
(b) Where we have already started working on your order, We will not charge you anything and you will not have to make any payment to Us.
10. Information about us and how to contact us
10.1 We are a company registered in England and Wales. Our company registration number is 05762065 and Our Returns Office is 6 Elliot Road, Hendon, London, NW4 3DL.
10.2 If you have any questions or if you have any complaints You can contact our customer Care team by emailing Us at: info@ethnicityclothing.com or calling us at : +44 (0) 203 086 9321
11. How we may use your personal information
11.1 We will use the personal information you provide to Us to:
(a) provide the Product;
(b) process your payment for such Product; and
(c) Inform you about similar Product or Product(s) that We provide, but you may stop receiving these at any time by contacting Us.
11.2 You agree that We may pass your personal information to credit reference agencies and that they may keep a record of any search that they do.
11.3 We will not give your personal data to any other third party.
12. Other important terms
12.1 We reserve the right to amend the Terms from time to time without prior notice to you. The version of the Terms that will apply to your order will be those on Our Website at the time you place your order.
12.2 We reserves the right to assign or pledge to third parties any claim(s) for payment including any payment instalments which have arisen in connection with the delivery of Product.
12.3 This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
12.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.5 All intellectual property rights, such as trademarks and copyrights at Our Website remain with Us. Any use of Our Website or its contents, including copying or storing such content in whole or part, other than for your own personal, non-commercial use, is prohibited without Our permission.
12.6 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
12.7 These Terms are governed by English law. You and We both agree to submit to the exclusive jurisdiction of the English courts.
13. Interpretation
13.1 References to any party to this Agreement shall where the context permits include its successors in title.
13.2 In this Agreement:
13.3 Words expressed in any gender shall where the context so requires or permits include any other gender; and words expressed in the singular shall where the context so requires or permits include.