Terms and Conditions
Definitions
· Conditions - means these terms and conditions;
· Contract - means the contract incorporating these Conditions which is formed when You place an Order and We confirm acceptance of such Order;
· International - means countries other than the United Kingdom
· Order - means an order placed by You via this Website for one or more Products;
· Personal Information - means all and any information provided by You in an Order or when registering on any part of this Website to include without limit your name, address and card details;
· Product - means any product advertised on this Website;
· UK - means England, Scotland, Wales, Northern Ireland and Isle of Man
· We/Us/Our - means VOYCE Clothing Ltd.
· Website - means VOYCEclothing.bigcartel.com which is operated by Us;
· You/Your - means a user of this Website.
USE OF THIS WEBSITE
Application of these Conditions
These Conditions apply to use of this Website and are the terms and conditions
on which We will supply any of the Products to You and by proceeding further
and/or placing an Order You agree to be bound by the Conditions. If You do not
agree to be bound by them, You should leave this Website now.
Please click on the button to mark your acceptance of these Conditions before placing an Order if You accept them. Please understand that if You refuse to accept these Conditions, You will not be able to order any Products from the Website.
The terms and conditions applicable to the purchase of Products offered for sale through this Website and elsewhere shall be mutually exclusive. In particular, promotions and offers advertised on this Website shall not be valid in connection with any purchase elsewhere, and promotions and offers available elsewhere shall not be valid in respect of Website purchases.
When using the Website, You accept that communication with Us will be mainly electronic. We will contact You by email or provide You with information by posting notices on the Website. For contractual purposes, You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that We provide to You electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Changes
We may change these Conditions from time to time without notice to You. Changes
will apply to any subsequent Orders received. It is your responsibility to
check regularly to see if any changes have been made to these Conditions. We
reserve the right to modify or withdraw this Website at any time without
liability to You.
Queries
Contact Us if You have any questions relating to these Conditions or ordering
the Products generally by email at [email protected].
Your Account
You are responsible for maintaining the confidentiality of the password chosen
by You when You register on the Website and for restricting access to your
computer and/or email address to prevent unauthorised access to your account.
Description and Availability
We take all reasonable measures to ensure that details, measurements and
descriptions of Products given on this Website are as accurate and complete as
possible but there may be variations between these and the Products themselves.
All Products are subject to availability.
Price
Prices appearing on this Website are inclusive of sales tax (where applicable)
at the current rates.
The cost of your Order will be the price of the Products ordered plus the appropriate delivery charge outlined in the “Delivery Services” section below. Please note that all prices on this Website are for on-line purchases only.
Due to circumstances beyond our control prices may have to be altered, including any variations in the rate of sales tax. If this occurs, You will be notified and requested to reconfirm your Order at the altered price.
By notifying You, We shall be entitled to cancel any Contract in whole or in part to the extent that it is for the purchase of a Product the price of which was stated incorrectly on the Website.
Placing an Order
You must not order Products via this Website if You are younger than 16 years
of age.
All Orders are subject to acceptance by Us and are subject to availability. After placing an Order, You will receive an email from Us acknowledging that we have received Your Order. Please note that this does not mean that Your Order has been accepted. Your Order constitutes an offer to Us to buy a Product. All Orders are subject to acceptance by Us and We will confirm such acceptance by dispatching You an email that confirms that the Product has been dispatched (the “Dispatch Notice”). The Contract between Us will only be formed when We send You the Dispatch Notice.
You may cancel a Contract and obtain a refund any time within 14 days after receipt of Products by notifying Us in writing and returning the Products to Us via email; [email protected]
General Indemnity
You agree to indemnify Us fully from and against all claims, liability,
damages, losses, costs and expenses (including legal fees) arising out of any
breach of these Conditions by You or any other liability arising out of your
use of this Website or out of the use of this Website by any person using your
account number and/or password.
Our Liability
We warrant to You that any Product purchased from Us through the Website is of
satisfactory quality and reasonably fit for all the purposes for which products
of the kind are commonly supplied.
Our liability for losses You suffer as a result of Us breaching this Contract is strictly limited to the purchase price of the Product You purchased.
To the fullest extent possible and except for the warranty set out above, We disclaim any and all warranties of any kind (whether expressed or implied) in relation to the Products.
We will not be liable to You in contract, tort, or otherwise for any loss of profits, loss of business, loss of anticipated savings, loss of opportunity, loss of data or any other indirect or economic losses whatsoever suffered or incurred by You arising out of the subject of these Conditions.
Nothing herein shall affect your statutory rights.
Nothing in these Conditions shall limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees, under section 2(3) of the Consumer Protection Act 1987, for fraud or fraudulent misrepresentation or for any matter for which it would be illegal for Us to exclude, or attempt to exclude Our liability.
Language
English language is the only language offered for the conclusion of a Contract.
Transfer
We may assign or transfer any of our rights or obligations under a Contract.
You may not assign or transfer any of Your rights or obligations under this Contract.
Waiver
If We fail, at any time of the Contract, to insist upon strict performance of
any of Your obligations under the Contract, or if We fail to exercise any of
the rights or remedies to which We are entitled under this Contract, this shall
not constitute a waiver of such rights or remedies and shall not relieve You
from compliance with such obligations.
A waiver by Us of any default shall not constitute a waiver of any subsequent default.
No waiver by Us of any of the terms and conditions of the Contract shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing.
Severability
If any part of these Conditions is held to be invalid or unenforceable in whole
or in part the invalid or unenforceable wording shall be deemed to be omitted,
and the rest of the Conditions shall continue to be valid to the fullest extent
permitted by law.
Entire Agreement
Each Contract shall be governed by these Conditions which contain the entire
agreement between You and Us in respect of its subject matter and supersedes
any previous agreements relating to such matter.
Governing Law
These Conditions shall be governed by and construed in accordance with English
law and You hereby submit to the exclusive jurisdiction of the English courts.
Third Parties
The Contracts (Rights of Third Parties) Act 1999 shall not apply.
SATISFACTION GUARANTEE
Our Guarantee
It is important to Us that You are delighted with all our Products. If there is
any reason why You are not completely satisfied with any Product You order from
Us, You can simply return it to Us within 14 days from receipt and you can
supply the despatch note as your proof of purchase. If after purchase, any
Product fails to give reasonable wear - due to either defective workmanship or
materials We will credit the purchase price to your account This guarantee is
in addition to and does not affect your statutory rights.
Delivery Locations
Our carriers are unable to deliver to the following locations: Airports,
Hospitals and Prisons. We will also at our discretion exclude delivery to any
addresses which are considered to be insecure.
VOYCE Clothing Ltd. cannot be held liable for any parcels that are lost or stolen as a result of any specific delivery instructions left for the carrier.
UK Standard Delivery
We aim to deliver all mainland UK standard delivery Orders within three (3) -
five (5) working days.
We aim to meet these timescales but during busy period (including sale) deliveries may take a little longer.
Sorry, but we are unable to deliver on Bank Holidays - please allow an extra working day for orders sent by Standard Delivery during UK Bank Holidays.
- Our standard delivery service is UK wide with the exception of those addresses listed under Terms and conditions: Delivery Locations’.
- Deliveries to The Scottish Highlands, Scottish Islands, the Isle of Wight, Isle of Man and Northern Ireland may take up to five working days longer.
Whilst We will endeavour to deliver Products to You as soon as possible We shall not be liable for any failure to make delivery within the Standard Delivery time estimates stated above.
International Delivery Services
Additional taxes, fees or levies may apply according to local legislation.
Recipients of deliveries made outside the UK may have to pay import duty or
formal customs entry fees. Any customs or import duties are charged once the
goods reach the destination country and these charges are Your responsibility
and must be paid by the recipient. Unfortunately, we have no control over these
charges and cannot tell You what the cost would be as customs policies and
import duties vary from country to country.
In addition, some countries have import restrictions on certain products or materials. You are responsible for determining whether there are any restrictions on delivery of our products to your selected destination. You can contact your local customs office for assistance regarding these matters.
Delivery may be delayed by local customs because of this but unfortunately this is out of our control.
Lost Parcels
We will begin Our missing parcels procedure if your Order fails to arrive
within 10 days (UK only) and 20 days (International) of despatch and You notify
Us in writing. We will investigate your claim and if We are satisfied that the non-arrival
of the Product(s) was attributable to Us then a refund will be credited to the
credit/debit card which was used to place the Order. Please note that we may
refuse to make future deliveries to addresses that are considered to be
insecure. In this event you will be contacted by our service team and asked to
provide an alternative delivery location for future orders.
Returning Products
United Kingdom Returns
Returning products is easy. For your convenience You can return items via a local post office. Please note, it can take up to 28 days for a return to be processed once we have received your parcel.
For reasons of health and hygiene, grooming products, products for piercings and intimate wear (including underwear, swimwear and loungewear) are non-returnable. This does not affect your statutory rights
International Purchases and Returns
Purchases from this Website may be in British Pounds (£ GBP), Euros (€ EUR), US Dollars ($ USD), Australian Dollars ($ AUD) or Swedish Krona (kr SEK). Banks and international credit/debit card issuers will determine exchange rates and may make additional charges, which you are liable to pay.
If you return your goods to us using the postal service, refunds will be issued in the currency in which you originally paid for the purchase. Banks and international credit/debit card issuers will determine exchange rates.
The prices shown on our website are inclusive of VAT (or similar sales tax). All VOYCE Clothing Ltd. products are priced in British Pound Sterling (£ GBP), Euros (€ EUR), US Dollars ($ USD), Australian Dollars ($ AUD) or Swedish Krona (kr SEK). The price charged to our overseas customers will be determined by the exchange rate applied by the customer’s credit or debit card company, at the time the transaction takes place.
Please note that all VOYCE Clothing Ltd. orders are shipped from the UK. Any import duties and taxes payable, will be charged once the parcel has reached the destination country. These charges must be paid by the recipient of the parcel. If you have any questions related to customs charges, please contact your local customs office.
Returns to us are at Your cost and You should keep evidence of having sent the items, such as a certificate of posting. In all cases the items must be in their original condition. You must return the items to us in accordance with the terms of sale.
Online Order Purchases
Placing an Order
Orders placed in store through the website are subject to acceptance by Us and are subject to availability. After placing an Order, You will receive an email from Us acknowledging that we have received Your Order. Please note that this does not mean that Your Order has been accepted. Your Order constitutes an offer to Us to buy a Product. All Orders are subject to acceptance by Us and We will confirm such acceptance by sending You an email notifying you that the Product has been dispatched (the “Dispatch Notice”). The Contract between Us will only be formed when We send You the Dispatch Notice.
Availability
All Orders are subject to stock availability. We will inform you as soon as possible if any products in your Order are not available and will cancel these items from your Order. Please do not go to store for a refund as a member of our customer services team will contact You within 7-10 days to process a refund.
Cancellation
You may cancel your Order and obtain a refund any time within 30 days after receipt of Products by notifying Us in writing and returning the Products to Us (See “Returning Products” below). Unfortunately, we cannot cancel your order until it has either been received by You, please refer to our Returns and refunds policy.
Price
Prices appearing on the VOYCE Clothing Website are inclusive of UK sales tax (where applicable) at the current rates. If you choose to have your Order delivered to an alternative address, then the cost of your Order will be the price of the Products ordered plus the appropriate delivery charge as outlined in our Delivery and Returns information section. Please note that all prices on the VOYCE Clothing Website are for on-line purchases only, prices of products elsewhere may differ.
By notifying You, We shall be entitled to cancel any Order in whole or in part to the extent that it is for the purchase of a Product the price of which was stated incorrectly on the Website.
Returns
Intellectual Property
You acknowledge and agree that all copyright, trademarks and all other
intellectual property rights in all material or content appearing on this
Website shall remain at all times vested in Us or our licensors. VOYCE Clothing
is a registered trademark owned by Us.
Notices
All notices given by You to Us shall be to Our address set out in these
Conditions. We may give notice to You at either the email or postal address You
provided to Us when placing the Order. Notice will be deemed received and
properly served immediately when posted on the Website, 24 (twenty-four) hours
after an email is sent, or 3 (three) days after the date of posting any letter,
that such letter was properly addressed, stamped and placed in the post and, in
the case of an email, that such email was sent to the specified email address
of the addressee.
Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in
performance of, any of Our obligations under this Contract that is caused by
events outside Our reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Our reasonable control and includes, in particular (without limitation) the following: -
- a) strikes, lock-outs or other industrial action;
- b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- e) Impossibility of the use of public or private telecommunications networks;
- f) The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under the Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance during that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which Our obligations under the Contract may be performed despite the Force Majeure Event.