1. Definitions and Interpretations
1.1 In these Terms the following words shall mean:
Contact Address - Huers Clothing Co., c/o Little Whatley, otterford, chard, Somerset, United Kingdom;
Contract - these Terms and the Order;
Goods - the items advertised on the Website purchased by You from Us;
Intellectual Property Rights - all patents, database rights, copyright, design rights, trade marks and other similar rights wherever existing in the world whether registered or unregistered together with the right to apply for protection of the same;
Order - the order for Goods placed by You and accepted by Us subject to these Terms;
Order Form - the order form submitted by You subject to these Terms setting out the Goods You wish to Order;
Us, Our, We - Huers Clothing Co., a partnership in England with the head office at the contact address shown above.
User - any person who browses the Website With or without transacting;
Website - the website identified by the URL http://www.huers.co.uk or such other URL that We may use in connection with the Goods from time to time; such as our outsourced shop site URL http://www.huers-clothing-co.myshopify.com
You, Your - the person or organisation using the Website or buying Goods from Us pursuant to these Terms.
1.2 In these Terms references to "in writing" shall include e-mail. Any queries regarding these Terms, the Goods or Your Order must be made to the Contact Address.
1.2 In these Terms references to "in writing" shall include e-mail. Any queries regarding these Terms, the Goods or Your Order must be made to the Contact Address.
2. Application of these Terms
2.1 If you are submitting an Order Form, you agree to be bound by these Terms. If you are a User, Your use of the Website constitutes Your agreement to be bound by these Terms insofar as they are relevant to use of the Website and Web shop ass shown above.
2.2 These Terms (as amended by Us from time to time in accordance with clause 2.3 below) shall apply to the exclusion of any other terms or conditions and You agree to abide by them.
2.3 We reserve the right to vary these Terms at any time. If so, the updated version will be posted on the Website and You will bound by the updated version if You continue to use the Website and/or the Web shop thereafter.
PART A - USE OF THE WEBSITE AND WEB SHOP
3. Website Content
All rights and title in this Website and its contents is either the property of Huers Clothing Co. or We are duly licensed to use it. All rights are reserved. You are permitted to download a single hard copy of Website content and print extracts from the Website for Your own personal and non-commercial use. Unless otherwise stated, the Intellectual Property Rights in all material on this Website (including without limitation photographs and graphical images) are owned by Us. Except as expressly provided nothing contained herein shall be construed as creating any license or right under Intellectual Property Rights.
Huers Clothing Co. is the owner of various registered and unregistered trademarks. Under no circumstances should you use, encourage third parties or authorise any third party to use any trademark (whether registered or unregistered) owned by Us without Our consent.
This Website may include links to other websites. These websites and the content, products and services available through them are not under Our control and should not be considered to be endorsed or approved by Us. We do not accept any liability in connection with any third party websites that may be accessed through this Website.
You must not create or encourage any third party to create hyperlinks to the Website without Our prior written consent (which We may withhold at our absolute discretion and without providing any reason).
6. Service access
While We endeavour to ensure that this Website is available 24 hours a day, We shall not be liable if for any reason this Website is unavailable at any time or for any period.
We give no warranties as to the availability, performance or accessibility of the Website. Access to this Website may be suspended temporarily and without notice at Our discretion including without limit in the case of system failure, maintenance or repair or for reasons beyond our control.
7.1 While We endeavour to ensure that the information on this Website is correct, We do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website at any time without notice. The material on this Website may be out of date, and We make no commitment to update such material.
7.2 The material on this Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, We provide You with this Website on the basis that We exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website. We do not warrant that this Website, its servers, or emails which may be sent by Us are free from viruses or other harmful components.
7.3 We exclude all liability and responsibility for any amount or kind of loss or damage that may result to You or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in any way or in connection with this Website; the use, inability to use or the results of use of this Website; any websites linked to this Website or the material on such websites; Your downloading of any material from this Website or any websites linked to this Website; or viruses that may infect Your computer equipment, software, data or other property on account of Your access to, use of, or browsing of this Website.
PART B - GOODS
8. Goods Information
8.1 We have made all reasonable efforts to accurately display the sizes, colours, shapes and patterns of the Goods for sale on Our Website. You acknowledge and accept however that sizes, colours, shapes and patterns shown on the Website are approximate only. Colours in particular may differ due to Your own computer visual settings and hardware.
8.2 If the Goods You have ordered are not available in the colour, design or size You have requested We will notify You of the colours, designs or sizes currently available. Your Order will not be accepted and You may then resubmit Your Order Form for the Goods in an available colour, design or size.
9. The contract between You and Us
9.1 We must receive payment of the whole price for the Goods that You Order before Your Order can be accepted. Please follow directions given on the Website to place an Order. Payment shall be made by You by the means specified on the Website and shall not be deemed to be made until We have received cleared funds in respect of the full amount stated in the Order. Once payment has been received by Us We will confirm that Your Order has been received by sending an e-mail to You at the email address You provide in Your order form.
9.2 You have the right to cancel the Order up to the point at which the Goods are dispatched by Us. If You wish to cancel pursuant to this clause then You must notify Us in writing. Should You cancel Your Order before dispatch We will refund in full the amount forwarded by You within 21 days of the Order being cancelled. Credit card charges will be refunded on the same credit card only. Our acceptance of an Order does not take place until dispatch of the Order, at which point a purchase contract will be made.
10.1 Subject to this clause 10, the price payable for Goods that You Order are as set out in Our Website;
10.2 The prices payable for Goods exclude delivery charges. Delivery charges are shown separately when ordering Your Goods.
10.3 Prices are subject to change without notice but changes will not affect Orders which We have already accepted.
10.4 All prices for goods and services delivered within the European Union include VAT where applicable. The VAT charged will be either VAT in the country of delivery (rates will vary by country but our prices remain unchanged) or UK VAT. VAT is not charged for goods and services delivered outside the European Union, but we maintain one price for each product on our website.
10.5 The Price is exclusive of any import or export duty.
11. Right of Cancellation
11.1 Notwithstanding clause 11.2 and subject to Your compliance with the remainder of this clause 6, You may also cancel Your Order at any time up to the end of the seventh (7th) working day starting from the date immediately after You receive the ordered Goods provided those Goods are unopened and sealed in their original packaging, unused and in no worse condition than when they were received by You.
11.2 To cancel Your Order You must notify Us in writing before the end of the period set out in clause 11.1.
11.3 All cancellations should be undertaken in accordance with and subject to Our Returns Policy.
11.4 You must send the goods back to our contact address at your own cost and risk.
11.5 Once You have notified Us that You are cancelling Your Order, any sum debited to Us from Your credit card will be re-credited to Your account as soon as possible and, in the event that the Goods have been dispatched, within 21 days of Your cancellation notice PROVIDED THAT the Goods in question are returned by You and received by Us in the condition they were in when delivered to You and in their original packaging. If applicable and unless the Goods are faulty, We shall be entitled to deduct the direct costs of recovering the Goods from the amount to be re-credited to You.
12. Cancellation by Us
12.1 We reserve the right to cancel the Contract if:
a. we have insufficient stock to deliver the Goods You have ordered; or
b. we do not deliver to Your area or country; or
c. if one or more of the Goods You ordered was listed with incorrect information including without limit price, and/or description for whatever reason; or
d. if We have reason to believe that You will fail to pay for the Goods or that You will not comply with these Terms.
13. Delivery of Goods to You
13.1 Subject to clause 13.4, We will deliver the Goods ordered by You to the address You give Us for delivery at the time You make Your Order.
13.2 Unless We notify You otherwise, delivery will be made as soon as possible after Your Order is received but in any event within 30 days.
13.3 You will become the owner of the Goods You have ordered when You have paid for them and when they have been delivered to You. Once Goods have been delivered to You they will be held at Your own risk and We will not be liable for their loss, damage or destruction.
13.4 We will not deliver to a PO Box address. We also reserve the right not to deliver Orders if We believe the address is not secure, for example a communal postal address.
14. Liability and Limitation
14.1 Subject to clause 14.4, if the Goods We deliver are not what You ordered or are damaged or defective when You receive them or the delivery is of an incorrect quantity, We shall have no liability to You unless You notify Us in writing at our Contact Address of the problem within seven (7) working days starting from the date immediately after the delivery of the Goods in question. Our only obligation will be, at Our option to:
a. make good any shortage or non-delivery or incorrect delivery; or
b. replace or repair any Goods that are damaged or defective; or
c. refund to You the amount paid by You for the Goods in question provided that the above obligations shall not apply when such damage or defect has arisen as a consequence of any negligence by You or Your failure to comply with any reasonable instructions issued by Us, including all care and washing instructions as shown on individual products.
14.2 Save as precluded by law, We will not be liable to You for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising. Without prejudice to the foregoing, our total aggregate liability to You under and/or arising in relation to the Contract shall not exceed the amount paid by You for the Goods.
14.3 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Goods from Our Website. The importation or exportation of certain of our Goods to You may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the Goods You purchase.
14.4 Notwithstanding the above, nothing in these Terms is intended to limit any rights You might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to You for any death or personal injury resulting from Our negligence.
14.5 You acknowledge and accept that save as expressly stated on the Website We give no representation, warranty or statement as to the Goods including without limit their quality and/or suitability.
15. Returns procedure
You acknowledge and agree to be bound by the terms of our Returns Procedure.
16. Events beyond our control
We shall have no liability to You for any failure to deliver Goods You have ordered or any delay in doing so or for any damage or defect to Goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs, terrorism and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
PART C - GENERAL
Unless otherwise expressly stated in these Terms, all notices from You to Us must be in writing and sent to Our Contact Address.
If any part of these Terms is unenforceable (including any provision in which We exclude our liability to You) the enforceability of any other part of these conditions will not be affected.
19. Third party rights
A person who is not a party to this Contract has not got any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
20. Governing law
This Contract shall be governed by and interpreted in accordance with English law and the English Courts shall have jurisdiction to resolve any disputes between us.
If You have any concerns or complaints about the Goods, this Website or the service You have received then please write to the Contact Address.
From time to time, Huers Clothing Co. may choose to run promotions on specific goods or across product ranges, these may be in the form of discounts, sales, free gifts or similar. Huers Clothing Co. reserves the right to withdraw promotions at any time. If you have placed an order outside of the promotional period, it is unlikely that the offer can be honoured - the decision to do so is entirely at Huers Clothing Co.'s own discretion. Huers Clothing Co. cannot honour discount codes or advertised promotions found on third party websites. If a free gift promotion is offered which is valid upon the customer meeting certain conditions (e.g. spend 'X' amount/quantity), any return made relating to the transaction must include the free gift, unless the conditions of the offer are still met even considering the returned goods. If the offer conditions are not met following a return, the customer will be only be refunded an amount which is less the value of the gift.
23. Entire Agreement
Huers Clothing Co. is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. Huers Clothing Co. may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.
WHAT WE COLLECT
We may collect the following information:
contact information including email address
demographic information such as postcode, preferences and interests
other information relevant to customer surveys and/or offers
WHAT WE DO WITH THE INFORMATION WE GATHER
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
Internal record keeping.
We may use the information to improve our products and services.
We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
LINKS TO OTHER WEBSITES
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
CONTROLLING YOUR PERSONAL INFORMATION
You may choose to restrict the collection or use of your personal information in the following ways:
whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us
We will not sell, distribute or lease your personal information to third parties, or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please contact us.
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible. We will promptly correct any information found to be incorrect.
Typically, all goods shipped by Huers Clothing Co. will be shipped using a recorded delivery service and may sometimes require a signature upon delivery; however please note that parcels can occasionally be left in a safe place at the delivery driver's discretion.
Please note that products may be sent out from multiple locations and therefore may arrive separately, though no additional delivery charges will be incurred.
The timeframes given are estimates only. We also cannot guarantee delivery within our usual timescales to a small number of remote UK postcodes and areas outside of the mainland.
On rare occasions, some items may be delivered outside the published timed windows due to unforeseen circumstances relating to stock and delivery which may be outside of our control.
A 'working day' is regarded as a full 24 hour period following the day the order is placed and applies Monday to Friday. Working days exclude any UK Bank Holidays.
We hope that you are delighted with your purchase from Huers Clothing Co., however should you wish to return anything bought from our website, we will be happy to refund or exchange the product, provided it is in its original, unworn and re-saleable condition with all tags still attached.
Please note that customers are responsible for the returning goods, including any costs incurred to do so.
Returns must be returned within 30 days of receipt, at to the address below.
Huers Clothing Co
We will be happy to refund any item which is returned within 30 days of receipt.
All refunds will be credited back to the card or PayPal account that payment was made with.
Please ensure you have completed and enclosed your returns form and have included your contact details.
Refunds can take up to 14 days to appear in your account after the return is received. This is dependent on who you bank with and we unfortunately cannot provide an estimate of the time funds may take to clear. Typically most customers find that the funds reach their account within 5 days of issuing the funds.
Returning an item is your responsibility until it reaches us. Please note that you will be responsible for the return cost. You are able to use any service or company of your choice however we would strongly recommend a trackable service that obtains a signature on delivery. If we do not receive the item(s) for whatever reason outside of our control, we will not be able to issue a refund or exchange on any item.
You can return items directly to us at a pop-up event, but we recommend sending the item back via post.
Please note that all customised orders are non-refundable unless faulty.
The items only will be considered for refund. Refunded amounts issued will be less any original postage cost paid.
If you provide to us any instructions relating to the delivery of your order (including, without limitations, instructions to leave the products in a particular place, outhouse or with a neighbour), you are responsible for ensuring the accuracy of these instructions and we will not be liable to you in relation to any loss of or damage to the product resulting from our following of your instructions.
We will be happy to exchange any item bought online if returned within 30 days of receipt.
Please note that we can only issue an exchange for a different colour or size in the same style. If you wish to make an exchange for a different item please send back the original item for a refund and re-order your desired new item via the website.
You can return items directly to us at a pop-up event for an exchange for a different colour or size, as long as you can provide your order details to us there. This is also dependent on stock availability in our mobile store - it is a good idea to contact us prior to visiting to ensure we can exchange your item and have it in stock.
Returning an item by post is your responsibility until it reaches us. Please note that you will be responsible for the return costs associated with returning goods as well as the service on which they are sent.
Please include your contact details so that our customer services team can contact you if your desired replacement is not available. Exchanges are subject to availability at the time of processing.
Unfortunately stock cannot be held for exchanges.
There is no extra charge for shipping another item out to UK addresses.
Please note that we cannot offer an exchange service for international orders at this time. If you wish to change your item(s) you will need to make a return for refund and place a new order for any desired items.
Please allow up to 21 days for the exchange to be processed.
At Huers Clothing Co., we are proud of our high standards of quality, however we understand that from time to time, there may be rare occurences of quality issues. If you feel that you have received a faulty or damaged item or find that an item has developed a fault within six months of purchase, it will need to be sent back to us for inspection. Items will need to be returned with proof of purchase where possible with your full contact details. Items that are sent back because of a fault will be exchanged where possible or refunded for the price paid. If an item purchase is older than six months, a gift voucher may be issued up to the value of the price paid - this will be considered at our own discretion and we are not under any obligation to issue this at any point. If proof of purchase can not be provided, credit note and exchange values will be processed at the current selling price of the product returned. We are happy to arrange a collection or reimburse the return of any faulty items.
Products we're unable to refund or exchange
We're unable to offer a refund or exchange on personalised or customised orders unless they're faulty.
Cancellation of made-to-order products
Should you wish to cancel your made-to-order or made-to-measure product for any reason, it's unlikely that we could sell it to another customer at full selling price. We'll charge a cancellation fee of 25% of the full selling price. In respect of these products our usual refund policy does not apply, and products cannot be returned or exchanged unless faulty.