eCommerce Terms and Conditions AllBe Clothing
ALLBECLOTHING - ECOMMERCE TERMS AND CONDITIONS
These are the eCommerce Terms and Conditions (the “Terms”) for AllBeClothing (“we”, “us”, “our”) which set out the basis on which we agree to supply our products (the “Products”) to you, via our website, https://allbeclothing.co.uk (the “Website”). These Terms govern the contractual relationship between you and us when you purchase our Products via the Website.
These Terms contain important information regarding the Products and also your rights as a consumer under the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Charges) Regulations 2013. Please ensure that you read and fully understand these Terms prior to raising any Order for the Products via the Website.
We may amend these Terms (and any of our other policies) from time to time to reflect updates to the Products. Every time you wish to purchase any Products from us, please review these Terms to ensure you understand the terms that apply at that time.
Please note that these Terms do not apply to you if you are purchasing Products for any commercial, business or re-sale purpose.
COMPANY INFORMATION AND CONTACT DETAILS
This Website is operated by Nikhil Soni trading as AllBeClothing and you can contact us by:
(a) emailing at firstname.lastname@example.org; or
(b) via our online chat function via our Website at https://allbeclothing.co.uk.
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
When we use the words "writing" or "written" in these Terms, this includes emails but not fax.
YOUR PERSONAL INFORMATION
PURCHASING PRODUCTS FROM US
If you wish to purchase the Products via our Website, you can do so either by registering with us or by proceeding as a guest via the checkout method. To raise your order (hereafter, the “Order”) for the Products, you must select the Products that you wish to purchase, your desired delivery method and proceed to complete the Order at the checkout page on our Website.
Once you have submitted your Order, you will receive an automatic email confirmation to the email address that you have provided (hereafter, the “Order Confirmation”). This email confirmation will provide you with a summary of the Products that are subject to that Order, the applicable costs and the delivery formalities. Within the Order Confirmation, we will also provide you with a unique Order number, which can be used when raising any queries with us. It is vitally important that you ensure that the email address that you provide us is correct and we can have no responsibility for any losses that you may suffer where you provide us with an incorrect email address.
By raising an Order via our Websites, you agree that you are:
(a) aged 18 or over;
(b) legally capable of entering into binding contracts; and
(c) a resident within one of our serviced countries (and that you will provide full, complete and accurate information regarding the delivery address within your Order).
We will, at our discretion, decide whether to accept or refuse your Order. If we are unable to accept your Order, we will inform you in writing following submission of your Order. Where an Order has been refused, we will promptly refund any sums that have been paid by you.
If we accept your Order, we will email you to confirm your Order has been despatched (hereafter the “Despatch Email”) and provide you with the delivery details in line with clause Delivering the Products. It is at this stage that the contract will come into existence between you and us and the Products will be despatched for delivery.
If any of the information which you provided within your Order changes at any time during the duration of the contract you must notify us of this fact. At this stage we will assess whether this affects our ability to provide the Products, the price or any other matter relating to the contract.
PRICE AND PAYMENT
The price of the Products (which includes VAT) will be the price indicated on the checkout function of the Website, save to the extent that it is adjusted in any way in accordance with these Terms. We use our best efforts to ensure that the price of the Products advised to you is correct.
If the rate of VAT changes between your order date and the date we supply the Products, we will adjust the rate of VAT that you pay, unless you have already paid for the Products in full before the change in the rate of VAT takes effect.
Details regarding acceptable payment methods is contained on the Website. We require that the price for the Products is paid on raising your Order.
We also accept payment to be made on our Website via Shop Pay, PayPal or GooglePay as third-party providers. Please note that any payments made through Shop Pay, PayPal or GooglePay via the check-out may be subject to additional terms and conditions.
The images of the Products on our Website and/or any promotional material are for illustrative purposes only. Although we have made every effort to display the colours accurately and the size of the Products accurately, we cannot guarantee that a device's display of the colours or the printed pictures in our promotional material accurately reflects the colour of the Products. Your Product may vary slightly from those images.
We are a retailer of the Products and do not manufacture the Products sold via our Website. It is important that you review labels and descriptions of Products carefully before purchasing any Products on our Website. Any fabric information listed on our Website have been provided by the Product manufacturer(s) and have not been produced, tested or verified by us.
Any labels, images, assets or text displayed on the Products are supplied and provided by the third-party manufacturer. Please carefully read any labels supplied on the Products check for allergy information prior to use.
The packaging of the Products may vary from that shown on images on our Website and/or any promotional material.
Any Products supplied under these Terms, shall comply with Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Charges) Regulations 2013.
CHANGES TO YOUR ORDER
If you wish to make a change to your Order, please contact us via the chat function via our Website and we will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the Product, applicable delivery dates or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
Please note that it is not possible to change your Order once the Products have been dispatched to you. It may be possible to return the Products (see clause Cancellation Rights and clause Your Rights to End the Contract), however return costs may apply.
We may make minor changes to your Order in order to:
(a) to reflect changes in relevant laws and regulatory requirements; or
(b) to implement minor technical adjustments and improvements, for example to address a security threat.
In the event that we are provided notice by our manufacturers that Products supplied to us are to be recalled (“Recall Notice”), we shall notify you of this as soon as possible in writing. Where you have purchased more than one Product from us, we will notify you of the exact Products to be recalled via the Recall Notice.
Where a Recall Notice has been issued in accordance with this clause, you shall not use or otherwise dispose of any Products subject to the Recall Notice.
We may require you to contact the manufacturer directly in the event of a Recall Notice, in which case we shall provide you with reasonable assistance.
Where required, we shall arrange for the Products to be returned to us or directly to the manufacturers (as applicable) at no additional cost.
Where you have bought Products via our Website, under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “2013 Regulations”) you have a legal right to change your mind within 14-days (“Cancellation Period”) of your receipt of the Products and receive a refund for any payments you have made.
In order to start the returns process you must, during the Cancellation Period, contact us via the chat function on our Website. We would recommend that you first await for our response in respect of your proposed return (as we will advise as to whether you are able to do so under our contract), however once you have started the returns process, you must then return the Products to us within 14 days from the date you started the returns process to the address identified as the return address on the back of the parcel or identified to you by us. You can also complete the Model Cancellation Form contained in Annex 1 of these Terms. Please note that we do no offer exchanges for Products.
When returning the Products to us, please ensure that the parcel is securely wrapped in the original packaging and that it contains your order number, name, email address, postal address and all information that we request from you.
Once your return is received and has been inspected by us, we will send you an email to notify you that we have received your returned Product(s). We will also notify you of the approval or rejection of your return request and whether we will make any deduction to any refund.
We are not responsible for the costs of returning the Products where you are exercising your cancellation rights.
Where you have purchased Products such as, cosmetics, pierced jewellery, face coverings, swimwear where the hygiene seal has been removed and underwear that have been removed from its original packaging, for hygiene or health protection reasons, under the 2013 Regulations you do not have a legal right to change your mind and you cannot obtain a refund for such Products. This does not affect your statutory rights if the Products are faulty or not as described or we have failed to confirm with the contract (see clause Your Rights to End the Contract.
Please note that in some circumstances the manufacturer may directly offer returns and replacements in respect of the Products. Where you will benefit from this, please note that you will be required to contact that manufacturer directly.
If you handle the Products in a way which causes the value of the Products to be reduced, we may reduce your refund to compensate us for its reduced value. For example, we may reduce your refund if:
(a) the Product conditions is not as it was when delivered or collected under clause Delivering The Products;
(b) the Product has been used or further damaged, (for example, the clothing or shoes has been worn);
(c) any hygiene seals have been removed on swimwear or underwear;
(d) any tags have been removed from the Products;
(e) the Products have been washed prior to returning to us, or have marks on them from trying them on (i.e. makeup marks);
(f) the Product branded packaging is damaged; or
(g) parts of the Product are missing.
In some cases, because of the way you have treated or not taken care of the packaging of the Products, no refund may be due even where you exercise your cancellation rights.
DELIVERING THE PRODUCTS
The costs of delivery for the Products will be as displayed to you on our Website and within your Order Confirmation. Delivery within the UK is provided via Royal Mail and dependant on the delivery option you have chosen when submitting your Order, we will provide you with an estimated date of delivery for the Products, however, please note that we can never guarantee when delivery will take place.
If our supply of the Products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
If no one is available at your address to take delivery, and the Products cannot be posted through your letterbox, you will need to organise either a re-delivery of the Order with Royal Mail or otherwise collect your Order from the nearest Royal Mail depot. We will provide reasonable assistance (such as providing tracking numbers where applicable) to you during the re-delivery or collection process.
If you do not organise a re-delivery of the Order with Royal Mail, or a collection of your Order from the nearest depot within the timeframe stipulated by Royal Mail, the Products will be returned to us and we will contact you to discuss a further delivery. Please note that you will be liable to for any additional charges for any re-attempted deliveries and (where the Products are returned to us) the re-despatch of any Products.
We offer overseas delivery of the Products and our overseas delivery options will be presented to you at the checkout stage when you are raising your Order. Once you have presented your shipping address and completed all relevant details, our systems can then present you with the costs of delivery to your address. Please also note that, depending on the country in which the products are being delivered to, further costs, charges, duties, levies (etc.) may apply in relation to your purchase of the Products, for which you will be responsible. You will also be responsible for any import formalities, duties, tariffs, levies or taxes that may apply within your country. For the avoidance of doubt, you are responsible for ensuring that the Products are legally capable of being incorporated into your country and in this regard you are the “importer of record”.
Please also note that where the delivery of the Products is taking place via our third-party couriers, we have separate contractual relations with those third-party couriers. We will inform you of any further conditions that will apply in relation to the delivery of the Products to you in such circumstances.
IF THERE IS A PROBLEM WITH THE PRODUCTS
If you have any questions or complaints about the Products, please contact us using the chat function available on our Website.
We are under a legal duty to supply Products that are in conformity with this contract. For detailed information on your key legal rights please visit Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. Nothing in these Terms will affect your legal rights.
If you wish to exercise your legal rights to reject the Products (note that this does not apply when you are exercising your rights to cancel, but only where we have failed to comply with our legal obligations) you must return them by posting them back to us and you will be responsible for initial postage costs. Please see clause Your Rights to End the Contract, which sets out that we will refund these postage costs (provided that such costs are reasonably incurred by you) to you where we agree that we have failed to conform with the contract.
YOUR RIGHTS TO END THE CONTRACT
You can contact us to end your contract for the Products at any time.
In addition to your rights to cancel under clause Cancellation Rights, you may also have a right to terminate the contract in the following circumstances:
(a) if what you have bought is faulty or mis-described (an example being where you have ordered one of the Products and what we have delivered is incorrect);
(b) if you want to end the contract because of something we have done or have agreed in writing that we are going to do (an example here is where we have agreed to do something and we have failed to comply with that agreement); or
(c) otherwise where we have breached our obligations under the Consumer Rights Act 2015 (to supply Products of a satisfactory quality) and associated laws.
In order for us to investigate whether we have failed to supply Products in conformity with the contract, you must return Products in question in an undamaged and unused condition (unless the Products are faulty or misdescribed), to the address referred to within clause Cancellation Rights. Please note that you will initially be responsible for the costs associated with the return of the Products, which will be refunded to you if we find that we have failed to confirm with the contract.
Following our investigation (which we will carry out as soon as possible following the successful return of the Products), we will notify you in writing of the result.
Where we accept that we have failed to conform with the contract, we will provide you with a refund for Products (including reasonable return costs) within 14 days of us informing you of such acceptance.
Where we do not accept that we have failed to conform with the contract, we will inform you of the applicable costs associated with posting the Products back to you.
Please note that if we do not accept that we have failed to confirm with the contract, this does not restrict your right to further escalate such complaint further. We would recommend that you seek legal and practical advice regarding the legal procedure prior to doing so (please see clause If There is a Problem with the Products.
Nothing in these Terms seeks to limit or restrict our legal obligations or your rights under the Consumer Rights Act 2015.
OUR RIGHTS TO END THE CONTRACT
We may end the contract at any time and at our absolute discretion by providing notice in writing to you. Specific examples of where we may end the contract are:
(a) you do not, within a reasonable time, allow us to deliver the Products to you;
(b) you act unreasonably or in an obstructive manner when we attempt to deliver the Products to you;
(c) you do not, within a reasonable time, allow us access to your premises to deliver the Products; or
(d) we are unable to provide the Products.
If we end the contract in the situations set out above, we will refund any money you have paid in advance for the Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaching the contract (for example, where we cannot provide the Products due to your conduct).
HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE EXERCISING CANCELLATION RIGHTS)
To end the contract with us, please let us know by contacting us via the chat function via our Website and provide your name, home address, your Order number, your phone number and your email address.
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind for, then, in accordance with clause Cancellation Rights, your refund will be made within 14 days of us receiving the Products.
RESPONSIBILITY FOR LOSS OR DAMAGE
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to supply Products of a satisfactory quality. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products.
These Terms only govern our sale of Products for domestic and private use. If you use the products for any Business purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
WHICH LAWS APPLY IN THE EVENT OF A DISPUTE?
Please note that these Terms, their subject matter and their formation, are governed by English law. You and we both agree that the Courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland and you may also bring proceedings in Northern Ireland, and if you are a resident in Scotland, you may also bring proceedings in Scotland. You may wish to attempt to resolve any dispute without resorting to legal proceedings, and in such instance alternative dispute resolution may be used.
OTHER IMPORTANT TERMS
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
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.
If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
MODEL CANCELLATION FORM
To: Nikhil Soni trading as AllBeClothing.
I hereby give notice that I cancel my contract of sale of the following Products, entered into in accordance with clause Purchasing Products From Us of the e-Commerce Terms:
Ordered on: ………………….
Name of customer: ………………….
Address of customer: ………………….
Signature of customer: ………………….