Fashion Parade Boutique Terms & Conditions
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Fashion Parade & Boutique 2008. All Rights Reserved.
Anyone is entitled to view this site and to print pages of this Website for the sole purpose of placing an order with Fashion Parade & Boutique. Any other use is strictly prohibited without Fashion Parade & Boutique prior written consent.
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Fashion Parade & Boutique has taken every precaution in compiling this Website. However neither it nor its directors, employees or other representatives will be liable for damages (direct or indirect) arising out of or in connection with the use of the Website, except where, as a result of the negligence of Fashion Parade & Boutique its directors, employers or representatives, death or personal injury is caused, in which case Fashion Parade & Boutique liability is not limited or excluded.
The Website is provided on an "AS IS" basis and Fashion Parade & Boutique excludes all warranties or representations of any kind with respect to this Website or its contents. In particular, Fashion Parade & Boutique does not warrant or represent that the information contained on the Website is accurate or up to date.
The contents of this Website are designed to comply with English law. You may be viewing the Website in a market in which we do not commonly sell our goods. Fashion Parade & Boutique cannot be held responsible for non-compliance with any local advertising or other laws in relation to this Website or its contents.
For further information on the terms and conditions that apply in connection with your use of this Website, please refer to our Terms and Conditions below.
WEBSITE TERMS AND CONDITIONS OF SALE OF GOODS
DATED 2008
Fashion Parade & Boutique
In these conditions, unless the context requires otherwise:
"Buyer" means the company, firm, body or person purchasing the Goods.
"Goods" means the goods (including any instalment of the goods) which Fashion Parade & Boutique will supply in accordance with these conditions.
"Fashion Parade & Boutique " means Fashion Parade & Boutique, The Old Cellars, 1 Bulls Head Courtyard, Commercial Road, Tideswell, SK17 8NU.
"Order" means a purchase order in respect of the Goods issued by the Buyer to Fashion Parade & Boutique on the order form set out on the Web Site."
Web Site " means Fashion Parade & Boutique' Web Site www.fashionparadeboutique.com
1. CONTRACT
1.1 A contract ("Contract") will only come into being upon acceptance by Fashion Parade & Boutique of the Order and the following conditions shall be deemed to be incorporated in the Contract. The Buyer accepts these terms and conditions by pressing the "I have read and accept the terms and conditions" button on the Web Site Order form. By completing the Order Form, the Buyer grants to Fashion Parade & Boutique the authority to conduct any credit search which it deems necessary in order to allow for the acceptance and fulfilment of all orders received by Fashion Parade & Boutique.
1.2 The Contract will be subject to these conditions. All terms and conditions appearing or referred to in the Order or otherwise stipulated by the Buyer shall have no effect. Any variation of the Contract must be confirmed in writing by Fashion Parade & Boutique. Fashion Parade & Boutique may revise these terms at any time and without notice at its sole discretion. Any change will take effect immediately after posting on the Web Site and will be deemed to be accepted by Buyers who continue to access the Web Site. For the avoidance of doubt, any Contract will remain subject to the version of the terms on the Web Site at the time the Order is placed and shall not be affected by any subsequent alterations. Any person ordering from the Web Site may print and keep a copy of these terms and conditions.
1.3 Fashion Parade & Boutique' acceptance of the Order shall be by email confirming the Goods ordered, the price of the Goods, the arrangements for payment, the arrangements for delivery and the packaging and postage charge. The acceptance will be deemed complete and will be deemed for all purposes to have been sent to the Buyer at the time Fashion Parade & Boutique send the email to the Buyer (whether or not the Buyer receives that email).
2. PRICES
2.1 The price for the Goods shall be those prices published on the Web Site when the Order is made and is accepted by Fashion Parade & Boutique as confirmed when Fashion Parade & Boutique accepts the Order in accordance with clause 1.3 above. These prices are inclusive of VAT, where applicable.
2.2 Fashion Parade & Boutique' current delivery charges and anticipated delivery times are as published on the Web Site and for the purposes of the Contract shall be that information on the Web Site at the time when the Order is made and accepted by Fashion Parade & Boutique.
3. TERMS OF PAYMENT
3.1 Payment of the whole of the price of the Goods must be received by Fashion Parade & Boutique before the Goods are despatched to the Buyer. Fashion Parade & Boutique accepts payment from all major credit and debit cards, including Visa, Mastercard, Meastro, Solo and Delta.
3.2 If Fashion Parade & Boutique does not have sufficient stock of all or some of the Goods in the Order, Fashion Parade & Boutique shall notify the Buyer by e-mail or telephone informing the Buyer and if payment has been taken, Fashion Parade & Boutique shall credit the Buyer with the price of the Goods which were unavailable. Fashion Parade & Boutique shall use its reasonable endeavours to credit the Buyer as soon as is reasonably practicable but in any event no later than 30 days from the date of the transaction. Fashion Parade & Boutique will not be obliged to offer any additional compensation for disappointment suffered.
4. CANCELLATION
4.1 The Buyer may cancel the Contract for any reason in the period of seven (7) working days after the day of delivery of the Goods to the Buyer. To cancel the Contract, the Buyer shall notify Fashion Parade & Boutique in writing of the cancellation and repackage the relevant Goods securely and send them to
Fashion Parade & Boutique at the address below:
Customer Services Department
Fashion Parade & Boutique
The Old Cellars
1 Bulls Head Courtyard
Commercial Road
Tideswell
SK17 8NU
.
so that Fashion Parade & Boutique receives the Goods within seven working days after the date of delivery. Fashion Parade & Boutique recommend that the Buyer uses a recorded delivery service. The Goods are returned under this clause at the Buyer's cost and risk.
4.2 Fashion Parade & Boutique shall credit the Buyer with the price of the Goods under a contract cancelled under clause 4.1 and shall refund the Buyer's account as soon as is reasonably practicable but in any event in no later than 30 days from the date of receipt of notification of the cancellation. If any Goods are not returned under clause 4.1, Fashion Parade & Boutique may arrange for them to be collected from the Buyer at their residence and recover from the Buyer Fashion Parade & Boutique' direct costs of doing so.
5. NO QUIBBLE REFUND; WARRANTY; LIMIT OF RESPONSIBILITY
5.1 If the Buyer is not happy with any Goods, they may within 14 days of delivery return the Goods to Fashion Parade & Boutique by post to the address set out in clause 4.1
5.2 If the Buyer elects to return the Goods by post in accordance with clause 5.1, upon safe receipt of such Goods in their original condition, Fashion Parade & Boutique shall give the Buyer a full refund of any monies paid by the Buyer. The cost of returning the Goods shall be borne by the Buyer and the Goods are returned at the Buyer's risk.
5.3 Fashion Parade & Boutique warrants that it will (at Fashion Parade & Boutique's choice) either replace the Goods or refund the full purchase price of any Goods which are accepted by Fashion Parade & Boutique as being defective or faulty or not in accordance with the Contract within a period of 30 days from despatch of such Goods from Fashion Parade & Boutique' works to the Buyer's delivery address ("Warranty Period"), provided that the defect or fault does not arise from fair wear and tear, wilful damage, negligence, failure to follow Fashion Parade & Boutique' or the manufacturer's instructions or through the misuse, alteration or repair of the Goods without Fashion Parade & Boutique' approval. After the Warranty Period, refunds/exchanges shall be at the discretion of Fashion Parade & Boutique.
5.4 The Buyer's remedies in respect of any claim under the foregoing express warranty or any condition or warranty implied by law or any other claim in respect of the Goods or any workmanship in relation to them (whether or not involving negligence on the part of Fashion Parade & Boutique) shall, in all cases, be limited to replacement or refund of the purchase price as aforesaid and any other condition or warranty implied by law shall cease to apply after the expiry of the Warranty Period.
5.5 Except in respect of death and personal injury, Fashion Parade & Boutique' aggregate liability to the Buyer in respect of breach of contract, misrepresentation (but not fraudulent misrepresentation), tort, negligence, or any other legal liability in relation to the sale of the Goods shall be limited to three times the price of the Goods paid by the Buyer.
5.7 Subject to clause 5.5, Fashion Parade & Boutique shall not be liable to the Buyer for any indirect, consequential or special loss or loss of profits which arises out of or in connection with the supply of Goods except as expressly provided in these conditions.
5.9 Fashion Parade & Boutique shall not refund the cost of the return charges to the Buyer unless the returned Goods are deemed faulty by Fashion Parade & Boutique or were originally sent to the Buyer in error.
5.10 Fashion Parade Boutique may not be able to offer refunds on goods where:
The designer / garment Labels/tags have been removed
The item(s) are shoes and they have been work outdoors and/or are damaged through wearing
The items are lingerie and have been worn (for hygiene reasons)
6. DELIVERY AND COMPLETION DATES
6.1 The delivery times of the Goods shall be those confirmed by Fashion Parade & Boutique on acceptance of the Order but are intended to be approximate only. Time is not of the essence for delivery or performance. If Fashion Parade & Boutique is unable to meet the stated expected delivery date, it shall use reasonable endeavours to inform the Buyer of this by e-mail and give an amended delivery time.
6.2 Fashion Parade & Boutique shall aim to meet the delivery times specified in the Order (or any delivery time amended in accordance with clause 6.1) but shall not be liable in any circumstances for the consequences of any delay in delivery or failure to deliver or perform if the duration of the delay is not substantial or if the delay or failure is due to causes beyond Fashion Parade & Boutique' reasonable control as set out in clause 8.
7. DAMAGE, SHORTAGE OR LOSS IN TRANSIT
Unless the Contract otherwise stipulates, the risk in the Goods passes to the Buyer when proof of delivery can be provided by Fashion Parade & Boutique' nominated carrier.
8. FORCE MAJEURE
In accordance with clause 6.2, Fashion Parade & Boutique shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of, of any failure to perform or any delays in performance of, any of Fashion Parade & Boutique' obligations in relation to the Goods, if the delay or failure was due to any cause beyond Fashion Parade & Boutique' reasonable control.
9. INTELLECTUAL PROPERTY
9.1 All the intellectual property rights in the Goods are and shall remain the property of Fashion Parade & Boutique and its licensors. For the avoidance of doubt, at no time shall any rights, title or interest in these intellectual property rights pass to the Buyer.
9.2 Fashion Parade & Boutique permits the Buyer to electronically copy and print in hard copy specific portions of the Web Site for the sole purpose of placing an order with Fashion Parade & Boutique or using the Web Site as a shopping resource. Any other use of the contents of the Web Site by the Buyer is strictly prohibited by Fashion Parade & Boutique.
10. GENERAL
10.1 Fashion Parade & Boutique shall be entitled to assign its rights or obligations under the Contract and subcontract any work relating to the Contract without obtaining the consent of, or giving notice to, the Buyer.
10.2 Any notice or other communication to be given under these conditions must be in writing and may be delivered or sent by prepaid first class letter post or facsimile transmission or email. Any notice or document shall be deemed served: if delivered, at the time of delivery; if posted, 48 hours after posting; and if sent by facsimile transmission or email, at the time of receipt of confirmation of correct transmission.
10.3 The invalidity, illegality or unenforceability of any provision of these conditions in any jurisdiction shall not affect the enforceability of the remainder of the other conditions nor shall it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.
10.4 No variation of these conditions shall be binding unless agreed between the authorised representatives of Fashion Parade & Boutique and the Buyer and has been confirmed in writing by these individuals.
10.5 A person who is not party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
10.6 The Contract shall be governed by and construed in all respects in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English courts. The Web Site is designed to comply with English law.
10.7 The Contract and these conditions constitute the entire agreement and understanding between the parties in respect of the subject matter of these conditions and the Buyer acknowledges that it has entered into the Contract in reliance only upon the representations, warranties and premises specifically incorporated in the Contract and the conditions.