TERMS & CONDITIONS
These Terms & Conditions, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us through this website, www.fashioncrossover-london.com ("Our Site"). Please read these Terms & Conditions carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to read and accept these Terms & Conditions when ordering Goods. If you do not agree to comply with and be bound by these Terms & Conditions, you will not be able to order Goods through Our Site. These Terms & Conditions, as well as any and all Contracts are in the English language only.
1.DEFINITIONS & INTERPRETATIONS
1.1 In these Terms & Conditions, unless the context otherwise requires, the following expressions have the following meanings:
|"Contract"||means a contract for the purchase and sale of Goods, as explained in Clause 7;|
|"Dispatch Confirmation"||means our acceptance and confirmation of your Order;|
|"Goods"||means the goods sold by Us/third party sellers through Our Site;|
|"Order"||means your order for Goods;|
|"We/Us/Our"||means Fashion Crossover Limited, a company registered in England under 9805018, whose registered address is 24 Marsh Wall, London E14 8BT, United Kingdom and whose main trading address is Fashion Crossover Limited, 8 Selsdon Way, London E14 9GR, United Kingdom.|
2. INFORMATION ABOUT US
Our Site www.fashioncrossover-london.com, is owned and operated by Fashion Crossover Limited, a limited company registered in England under 9805018, whose registered address is 24 Marsh Wall, London E14 8BT, United Kingdom and whose main trading address is
Fashion Crossover Limited, 8 Selsdon Way, London E14 9GR, United Kingdom.
3. OUR STATUS
3.1 We accept orders as agents on behalf of third party sellers. The transaction is between you and the third party sellers. We act only as agent arranging the transaction.
3.2 We cannot give any undertaking, that products you purchase from third party sellers through Our Site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.
4. ACCESS TO & USE OF OUR SITE
4.1 Access to Our Site is free of charge.
4.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
4.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
5. INTERNATIONAL CUSTOMERS
If Goods are being ordered from outside the United Kingdom, import duties and taxes may be incurred once your Goods reach their destination. We are not responsible for such charges and We undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and We cannot guarantee that the packaging of your Goods will be free of signs of tampering. Please also be aware that United Kingdom consumer protection laws may not apply.
6. GOODS, PRICING & AVAILABILITY
6.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:
6.1.1 Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
6.1.2 Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary.
6.2 Where appropriate, you may be required to select the required size, category, colour, price range, designer / brand of the Goods that you are purchasing.
6.3 Unless otherwise stated, Goods on Our Site are in stock and available for delivery. If Goods that you order are out of stock, subject to a delay, or have detail or description errors we will try to contact you at the email address you provided. If we cannot contact you in regards to our out of stock orders we will cancel these within 48 hours and you will receive a full refund.
6.4 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed (please note sub-Clause 6.8 regarding VAT, however).
6.5 All prices are checked by Us when We process your Order. In the unlikely event that We have shown incorrect pricing information, please note the following:
6.5.1 We will contact you in writing before proceeding with your Order to inform you of the mistake and to ask you how you wish to proceed. We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part thereof). We will not proceed with processing your Order until you respond. If We do not receive a response from you within 48 hours, We will treat your Order as cancelled and notify you of the same in writing.
6.6 In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
6.7 All prices on Our Site include VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
6.8 Delivery charges are not included in the price of Goods on Our Site. For more information on delivery charges, please check Delivery on Clause 9.
7. ORDERS - HOW CONTRACTS ARE FORMED
7.1 Our Site will guide you through the ordering process. Before submitting your Order to Us you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
7.2 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that we have accepted it. We must receive payment of the whole of the price for the Goods that you order before your order can be accepted. Our acceptance is indicated by Us sending you a Dispatch Confirmation by email. Only once We have sent you a Dispatch Confirmation will there be a legally binding Contract between Us and you.
7.3 Dispatch Confirmations shall contain the following information:
7.3.1 Confirmation of the Goods ordered including full details of the main characteristics of those Goods;
7.3.2 Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;
7.3.3 Estimated delivery date(s) and time(s);
7.4 We will also include a paper copy of the Dispatch Confirmation with your Goods.
7.5 If We, for any reason, do not accept or cannot fulfil your Order, no payment shall be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 calendar days.(check with payment gateway for refund time)
8.1 Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process. Your chosen payment method will not be charged until We dispatch your Goods.
8.2 You can choose to pay with PayPal or with a debit or credit card.
8.3 All transactions on Our Site are processed using Secure Trading, a secure online payment gateway that encrypts your card details in a secure host environment.
8.4 We accept the following methods of payment on Our Site:
8.4.2 Master Card;
8.4.3 American Express;
9. DELIVERY, RISK & OWNERSHIP
9.1 Delivery will be made as soon as possible after your order is accepted. In any event, delivery will be made within 30 days of your order (subject to delays caused by events outside of Our control, for which see Clause 11).
9.2 We currently offer free delivery for all UK orders. We use the UK Mail delivery service for all UK deliveries. https://www.ukmail.com From time to time, we may use other couriers or postal services.
9.3 For all international orders, We will arrange the express courier service or postal service for you. International orders may be subject to the payment of any such import duties and taxes. We will email you the delivery fee in respect of your order with Us separately on the email address you provided to Us.
9.4 Delivery shall be deemed complete once We have delivered the Goods to the address including, where relevant, any alternative address provided in your Order.
9.5 The Goods are at your own risk from the time your delivery is signed for.
9.6 Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
10. CANCELLING & RETURNING GOODS IF YOU CHANGE YOUR MIND
10.1 If you are a consumer in the European Union, you have a legal right to a “cooling off” period within which you can cancel the Contract for any reason. This period begins once your Order is complete and We have sent you your Dispatch Confirmation, i.e. when the Contract between you and Us is formed.
10.1.1 If the Goods are being delivered to you in a single instalment (whether single or multiple items), the cooling off period ends 14 calendar days after the day on which you receive the Goods.
10.2 If you wish to exercise your right to cancel under this Clause 10, you must inform Us of your decision within the cooling off period. You may do so in any way you wish, however for your convenience We offer a cancellation form on Our Site visual soft link and will include it with the Dispatch Confirmation. Cancellation by email or by post is effective from the date on which you send Us your message. Please note that the cooling off period lasts for whole calendar days. If, for example, you send Us an email or letter by 23:59 on the final day of the cooling off period, your cancellation will be valid and accepted. If you would prefer to contact Us directly to cancel, please use the following details:
10.2.1 Email: email@example.com
10.2.2 Post: Fashion Crossover Limited, 8 Selsdon Way, London E14 9GR, United Kingdom
10.3 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Goods and services, however please note that you are under no obligation to provide any details if you do not wish to.
10.4 You must return the Goods in the same condition in which you received them, with their original packaging. Please note that you may lose your legal right to cancel under this Clause 11 in the following circumstances:
10.4.1 If the Goods are sealed for health or hygiene reasons and you have unsealed those Goods after receiving them;
10.4.2 If the Goods have been inseparably mixed with other items (according to their nature) after you have received them.
10.5 Please note that We are unable to accept returns or exchange on earrings.
10.6 For exchange the Goods, you will need to return the original Goods and then place a new order. You will receive a full refund for the original Goods, according to this Clause 10.
10.7 Please ensure that you return Goods to Us no more than 14 calendar days after the day on which you have informed Us that you wish to cancel under this Clause 10.
10.8 Refunds under this Clause 10 will be issued to you within 14 calendar days of the following:
10.8.1 The day on which We receive the Goods back; or
10.8.2 If We have not yet provided a Dispatch Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel the Contract.
10.9 Refunds under this Clause 10 may be subject to deductions in the following circumstances:
10.10 Refunds may be reduced for any diminished value in the Goods resulting from your excessive handling of them. For the purposes of this Clause 10, “excessive handling” means any more handling than is reasonable required to ascertain the nature and characteristics of the Goods in question (e.g. no more than would be permitted in a shop). Please note that if We issue a refund before We have received the Goods and have had a chance to inspect them, We may subsequently charge you an appropriate sum if We find that the Goods have been handled in a way that would otherwise entitle Us to reduce your refund.
10.11 We are currently offer free UK return & exchange on all orders within 14 calendar days. We will arrange the free return service for you. We advice you keep your proof of postage certificate, as we cannot be responsible for the Goods lost or damaged in transit. If you chose to arrange the return by yourself, the shipping costs are your responsibility.
10.12 Refunds under this Clause 10 will be made using the same payment method that you used when ordering the Goods.
11. EVENTS OUTSIDE OF OUR CONTROL (FORCE MAJEURE)
11.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
11.2 If any event described under this Clause 11 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
11.2.1 We will inform you as soon as is reasonably possible;
11.2.2 Our obligations under these Terms & Conditions (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
11.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
11.2.4 If the event outside of Our control continues for more than 30 calender days, We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 calender days of the date on which the Contract is cancelled;
11.2.5 If an event outside of Our control occurs and continues for more than 30 calender days and you wish to cancel the Contract as a result, you may do so. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 14 calender days of the date on which the Contract is cancelled.
12. INTELLECTUAL PROPERTY RIGHTS
12.1 All trade marks, product names and company names or logos used in Our Site are our property or that of their respective owners. No permission is given by us in respect of the use of any such trade marks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder’s rights.
12.2 Subject to sub-Clauses 12.2 and 12.5, you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
12.3 You may:
12.3.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
12.3.2 Download Our Site (or any part of it) for caching;
12.3.3 Print pages from Our Site;
12.3.4 Download extracts from pages on Our Site; and
12.3.5 Save pages from Our Site for later and/or offline viewing.
12.4 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
12.5 You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.
13. LINKS TO OTHER SITES
Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
14.1 The Content on Our Site does not constitute advice on which you should rely. It is provided for general information purposes only.
14.2 We reserve the right at any time without notice to revise the content of Our Site (including the goods and/or services offered by us) and these Terms & Conditions. Any changes to these terms and conditions will be posted on our site and by continuing to use our site following any such change you will signify that you agree to be bound by the revised terms and conditions of use.
14.3 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you and you are a consumer, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
14.4 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date. Please note that this exception does not apply to information concerning goods for sale through Our Site.
14.5 In no event shall We be liable for any damages and/or losses whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of Our Site, including without limitation, bodily injury, emotional distress, loss of data, loss of income or profits, damages for loss of or damage to property and/or any other damages resulting from use of our website. Our maximum liability to you in respect of your use of Our Site or any services we provide or make available to you through or in relation to Our Site is limited to the purchase price of the products you purchased. You agree that each of these limitations is reasonable having regard to the nature of Our Site and in particular given that when you purchase goods and/or services through our site you will enter into a separate contract in each case. None of the exclusions or limitations in these terms and conditions shall exclude or restrict our liability for: death or personal injury caused by our negligence; section 2(3) of the Consumer Protection Act 1987; fraud or fraudulent misrepresentation; any matter for which it would be illegal for us to exclude, or attempt to exclude, Our liability.
14.6 None of the above exclusions shall affect any statutory rights, which are not capable of being excluded. However, in such case our obligation, where permitted by law, will be limited to the re-supply of Our Site, or its service to you. Each of the above disclaimers shall be construed as a separate, and severable, provision of these terms & conditions.
15. HOW WE USE YOUR PERSONAL INFORMATION (DATA PROTECTION)
15.1 You agree that We may collect, store, and use information about you in accordance with Our Privacy & Cookies Policy. You acknowledge and agree to be bound by the terms of our Privacy & Cookies Policy.
15.2 We may use your personal information to:
15.2.1 Provide Our Goods and services to you;
15.2.2 Process your Order (including payment) for the Goods; and
15.2.3 Inform you of new products and/or services available from Us (if you opt or have previously opted to receive it). You may request that We stop sending you this information at any time please e-mail or wite to Us.
You agree to indemnify and hold Us harmless from all loss, liabilities, claims, demands and expense (including reasonable legal fees) made by any third party that may arise from any breach of these Terms and Conditions by you or through a machine on which you access Our Site.
17. COMMUNICATION & CONTACT DETAILS
If you wish to contact Us with all enquiries including Goods or your Order, cancellations, questions or complaints, you may contact Us by email at:
firstname.lastname@example.org, or by post at:
Fashion Crossover Limited, 8 Selsdon Way, London E14 9GR, United Kingdom.
18. LAW & JURISDICTION
18.1 These Terms & Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
18.2 If you are a consumer, any disputes concerning these Terms & Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.