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The Terms and
Conditions together with our Privacy Policy (page 20) and any other
documents referred to in them sets out the terms and conditions on which
we supply any of the products ("Products") listed on our website
at www.7camicie.co.uk("Website") to you. Please read
these Terms and Conditions carefully before ordering any Products from
the Website. You should understand that by ordering any of our
Products, you agree to be bound by these Terms and Conditions.
You should print a copy of these Terms and Conditions for future reference.
Please click on
the button marked "I Accept" at the end of these Terms and
Conditions if you accept them. Please understand that if you refuse
to accept these Terms and Conditions, you will not be able to order
any Products from the Website.
- Information
About Us
The Website
is operated by JMC (Fashion) Limited. We are registered in Scotland
under company number SC340785 and with our registered office at Enterprise
House, Unit 1 Whittle Place South Newmore Industrial Estate, Irvine
KA11 4HR. Our VAT number is 942248228.
- Service
Availability
The Website
is only intended for use by those to which we can deliver Products using
standard postal services. Some restrictions are placed on the extent
to which we accept orders from specific countries. Please contact
us at Enterprise House, Unit 1 Whittle Place South Newmore Industrial
Estate, Irvin e KA11 4HR or webshop@7camicie.co.uk for more information.
- Your
Status
By
placing an order through the Website, you warrant that:
- you are legally capable
of entering into binding contracts; and
- you are at least 18years
old.
- How
the Contract is Formed Between You and Us
- After placing an order,
you will receive an e-mail 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 to you by sending you an e-mail that confirms
that the Product has been dispatched (“Dispatch Confirmation”).
The contract between us (“Contract”) will only be formed when we
send you the Dispatch Confirmation.
- The Contract will relate
only to those Products whose dispatch we have confirmed in the Dispatch
Confirmation. We will not be obliged to supply any other Products
which may have been part of your order until the dispatch of such Products
has been confirmed in a separate Dispatch Confirmation.
- Our
Status
- Please note that in
some cases, we may accept orders as agents on behalf of third party
sellers. The resulting legal contract is between you and that
third party seller, and is subject to the terms and conditions of that
third party seller, which they will advise you of directly. You
should carefully review their terms and conditions applying to the transaction.
- We may also provide
links on the Website to the websites of other companies, whether affiliated
with us or not. We cannot give any undertaking, that products
you purchase from third party sellers through the Website, or from companies
to whose website we have provided a link on the Website, 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. We will notify you when a third party is involved
in a transaction, and we may disclose your customer information related
to that transaction to the third party seller.
- Products
- We have made all reasonable
efforts to ensure that the colours of the Products are accurately displayed.
However, the colours that you see will depend on your computer system
and we cannot guarantee that your computer system’s display of any
colour will be accurate.
- You agree to use the
Products in accordance with the instructions accompanying them and any
additional directions regarding use of the Products as may appear on
the Website from time to time. Such instructions and directions
shall be incorporated into these Terms and Conditions.
- We reserve the right
to discontinue supplies of Products at any time and exclude all liability
in respect of any claim arising from you or any third party caused directly
or indirectly by such discontinuance.
- We attempt to ensure
that information on the Website is complete and accurate. Despite our
efforts, the information on the Website may occasionally be inaccurate,
incomplete or out of date. We make no representation as to the completeness
or accuracy of any information on the Website. For example, Products
included on the Website may be unavailable, may have different attributes
than those listed, or may be a different price than that stated on the
Website. We reserve the right, without prior notice, to limit the order
quantity on any Products and/or to refuse supply to any customer.
- Gift
Vouchers
- Gift vouchers may be
purchased from the Website.
- Gift Vouchers may only
be purchased in £Sterling.
- Gift Vouchers cannot
be exchanged for cash.
- Gift Vouchers may only
be redeemed against the cost of Products purchased from the Website.
For the avoidance of doubt Gift Vouchers cannot be redeemed against
any Products purchased at any of our retail outlets or any other websites
selling our Products any where in the world and Gift Vouchers purchased
in any of our retail outlets cannot be redeemed against the cost of
Products purchased from the Website.
- When you purchase a
Gift Voucher you or the intended recipient as applicable will be sent
an e-mail from us confirming the purchase of the Gift Voucher.
This e-mail will contain a unique Gift Voucher code. The recipient
of the Gift Voucher must enter the unique Gift Voucher code in the relevant
box which appears on the webpage when the Products have been chosen
and the recipient proceeds to the “checkout” area of the Website.
The cost of the Product(s) will be discounted by the full amount of
the Gift Voucher bearing the unique Gift Voucher code. The recipient
of the Gift Voucher will also be informed who purchased the Gift Voucher.
- Gift vouchers are valid
for a limited time period which will be specified at the time the Gift
Voucher is purchased.
- Risk in the Gift Voucher
will pass to you upon delivery to the specified e-mail address and title
will pass upon receipt of payment in full. We will not be liable for
any losses suffered by the intended recipient of the Gift Voucher in
relation to stolen, misappropriated or deleted Gift Vouchers.
- We will dispatch the
Gift Voucher by e-mail either as soon as payment has been received by
us or on the delivery date specified by you when you purchase the Gift
Voucher if this is later.
- When you purchase a
Gift Voucher please ensure that the delivery e-mail address you enter
is correct. We will not be liable for any losses suffered in the
event a Gift Voucher is used by someone other than the intended recipient
where the e-mail address entered by you is incorrect.
- We will not be liable
for any losses suffered by you where any Gift Voucher is lost or used
by someone other than the intended recipient.
- Delivery of Gift Vouchers
to an intended recipient may be prevented by the recipient’s spam
filter on their computer system. We will not be liable for any losses
suffered by you if a Gift Voucher cannot be delivered to the recipient’s
email address because of spam filters, firewalls, the capacity of the
recipient’s mailbox or any other factors that prevent delivery.
- Consumer Rights
- If you
are contracting as a consumer, you may cancel a Contract at any time
within seven working days, beginning on the day after you received the
Products. In this case, you will receive a full refund of the
price paid for the Products in accordance with our refunds policy (set
out in Clause 13) which includes the cost of delivery and return.
- To cancel a Contract,
you must inform us in writing. You must also return the Product(s)
to us immediately, in the same condition in which you received them,
and at your own cost and risk. In the event you fail to return
the Products to us we are entitled to recover from you the costs incurred
by us in uplifting the Products from you. You have a legal obligation
to take reasonable care of the Products while they are in your possession.
If you fail to comply with this obligation, we may have a right of action
against you for compensation.
- Details of this statutory
right, and an explanation of how to exercise it, are provided in the
Dispatch Confirmation. This provision does not affect your statutory
rights.
- Availability
and Delivery
- Your order will be
fulfilled by the delivery date set out in the Dispatch Confirmation
or, if no delivery date is specified, then within 30days or a reasonable
time of the date of the Dispatch Confirmation, unless there are exceptional
circumstances.
- We deliver to anywhere
in the UK as set out in our Delivery
Schedule.
- We deliver to all counties
in the EU as set out in our Delivery
Schedule.
- Otherwise please contact
us by e-mail at webshop@7camicie.co.uk to obtain details of delivery charges.
- We deliver to all other
countries at set out in our Delivery
Schedule.
- Risk
and Title
- The Products will be
at your risk from the time of delivery.
- Ownership of the Products
will only pass to you when we receive full payment of all sums due in
respect of the Products, including delivery charges.
- Price
and Payment
- The price of any Products
will be as quoted on the Website from time to time, except in cases
of obvious error.
- These prices include
VAT but exclude delivery costs, which will be added to the total amount
due as set out in the Dispatch Confirmation.
- Prices are liable to
change at any time, but changes will not affect orders in respect of
which we have already sent you a Dispatch Confirmation.
- The Website contains
a large number of Products and it is always possible that, despite our
best efforts, some of the Products listed on the Website may be incorrectly
priced. We will normally verify prices in the Dispatch Confirmation
procedures so that, where a Product's correct price is less than our
stated price, we will charge the lower amount when dispatching the Product
to you. If a Product´s correct price is higher than the price
stated on the Website, we will normally, at our discretion, either contact
you for instructions before dispatching the Product, or reject your
order and notify you of such rejection.
- We are under no obligation
to provide the Product to you at the incorrect (lower) price, even after
we have sent you a Dispatch Confirmation, if the pricing error is obvious
and unmistakeable and could have reasonably been recognised by you as
a mis-pricing.
- Payment for all Products
must be by Paypal. Please see the PayPal
User Agreement for
further details of payments using PayPal. Please note in making
payments using Paypal, we do not collect, store or process your credit
card details. Your credit card details are disclosed by you direct
to Paypal and will be used in accordance with Paypal’s Privacy Policy.
Please see PayPal
Privacy Policy - PayPal
for further details.
- Import
Duty
- If you order Products
from the Website for delivery outside the UK, they may be subject to
import duties and taxes which are levied when the delivery reaches the
specified destination. You will be responsible for payment of
any such import duties and taxes. Please note that we have no
control over these charges and cannot predict their amount. Please
contact your local customs office for further information before placing
your order.
- Please also note that
you must comply with all applicable laws and regulations of the country
for which the Products are destined. We will not be liable for
any breach by you of any such laws.
- Our Refunds Policy
- When you return a Product
because you require to exchange it for another Product we will examine
the returned Product and will exchange it provided that has not been
worn, washed or altered and provided it is returned in its original
packaging. We will usually process the refund due to you as soon
as possible and, in any case, within 30days of the day we confirmed
to you via e-mail that you were entitled to a refund. We cannot refund
the cost of postage incurred by you in returning the Product to us.
- When you return a Product
because you claim that the Product is defective we will examine the
returned Product and will notify you of your refund via e-mail within
a reasonable period of time. We will only issue a refund for a
defective product that has not been worn, washed or altered. We
will usually process the refund due to you as soon as possible and,
in any case, within 30days of the day we confirmed to you via e-mail
that you were entitled to a refund for the defective Product. Products
returned by you because of a defect will be refunded in full, including
a refund of the delivery charges for sending the item to you and the
cost incurred by you in returning the item to us.
- We will usually refund
any money received from you using the same method originally used by
you to pay for the Product ordered.
- 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 purchased by you and any losses
which are a foreseeable consequence of us breaking the Contract. Losses
are foreseeable where they could be contemplated by you and us at the
time your order is accepted by us.
- This does not include
or limit in any way our liability:
- for death or personal
injury caused by our negligence;
- under section2(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.
- We are not responsible
for indirect losses which happen as a side effect of the main loss or
damage and which are not foreseeable by you and us, including but not
limited to:
- loss of income or revenue
- loss of business
- loss of profits or
contracts
- loss of anticipated
savings
- loss of data; or
- waste of management
or office time
- Written
Communications
Applicable
laws require that some of the information or communications we send
to you should be in writing. When using the Website, you accept
that communication with us will be mainly electronic. We will
contact you by e-mail 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.
- Notices
All notices
given by you to us must be given to JMC (Fashion) Limited at Enterprise
House Unit 1, Whittle Place South Newmore Industrial Estate, Irvine
KA11 RHR at webshop@7camicie.co.uk. We may give notice to you at either
the e-mail or postal address you provide to us when placing an order,
or in any of the ways specified in Clause 15. Notice will be deemed
received and properly served immediately when posted on the Website,
24hours after an e-mail is sent, or threedays after the date of posting
of any letter. In proving the service of any notice, it will be
sufficient to prove, in the case of a letter, that such letter was properly
addressed, stamped and placed in the post and, in the case of an e-mail,
that such e-mail was sent to the specified e-mail address of the addressee.
- Transfer
of Rights and Obligations
- The Contract between
you and us is binding on you and us and on our respective successors
and assigns.
- You may not transfer,
assign, charge or otherwise dispose of a Contract, or any of your rights
or obligations arising under it, without our prior written consent.
- We may transfer, assign,
charge, sub-contract or otherwise dispose of a Contract, or any of our
rights or obligations arising under it, at any time during the term
of the Contract.
- 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 a 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:
- strikes, lock-outs
or other industrial action.
- civil commotion, riot,
invasion, terrorist attack or threat of terrorist attack, war (whether
declared or not) or threat or preparation for war.
- fire, explosion, storm,
flood, earthquake, subsidence, epidemic or other natural disaster.
- impossibility of the
use of railways, shipping, aircraft, motor transport or other means
of public or private transport.
- impossibility of the
use of public or private telecommunications networks.
- the acts, decrees,
legislation, regulations or restrictions of any government.
- Our performance under
any 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
for the duration of that period and where possible 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.
- Waiver
- If we fail, at any
time during the term of a Contract, to insist upon strict performance
of any of your obligations under the Contract or any of these Terms
and Conditions, or if we fail to exercise any of the rights or remedies
to which we are entitled under the 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 these Terms and Conditions shall be effective unless it is expressly
stated to be a waiver and is communicated to you in writing in accordance
with Clause 16 above.
- Severability
If any of
these Terms and Conditions or any provisions of a Contract are determined
by any competent authority to be invalid, unlawful or unenforceable
to any extent, such term, condition or provision will to that extent
be severed from the remaining terms, conditions and provisions which
will continue to be valid to the fullest extent permitted by law.
- Entire
Agreement
- These Terms and Conditions
and any document expressly referred to in them represent the entire
agreement between us in relation to the subject matter of any Contract
and supersede any prior agreement, understanding or arrangement between
us, whether oral or in writing.
- We each acknowledge
that, in entering into a Contract, neither of us has relied on any representation,
undertaking or promise given by the other or be implied from anything
said or written in negotiations between us prior to such Contract except
as expressly stated in these Terms and Conditions.
- Neither of us shall
have any remedy in respect of any untrue statement made by the other,
whether orally or in writing, prior to the date of any Contract (unless
such untrue statement was made fraudulently) and the other party´s
only remedy shall be for breach of contract as provided in these Terms
and Conditions.
- Our
Right to Vary These Terms and Conditions
- We have the right to
revise and amend these Terms and Conditions from time to time to reflect
changes in market conditions affecting our business, changes in technology,
changes in payment methods, changes in relevant laws and regulatory
requirements and changes in our system's capabilities.
- You will be subject
to the Terms and Conditions in force at the time that you order products
from us, unless any change to those policies or these Terms and Conditions
is required to be made by law or governmental authority (in which case
it will apply to orders previously placed by you), or if we notify you
of the change to these Terms and Conditions before we send you the Dispatch
Confirmation (in which case we have the right to assume that you have
accepted the change to the Terms and Conditions, unless you notify us
to the contrary within sevenworking days of receipt by you of the Products).
- Linking
to and from the Website
- You may link to our
home page, provided you do so in a way that is fair and legal and does
not damage our reputation or take advantage of it, but you must not
establish a link in such a way as to suggest any form of association,
approval or endorsement on our part where none exists.
- You must not establish
a link from any website that is not owned by you.
- The Website must not
be framed on any other website, nor may you create a link to any part
of the Website other than the home page. We reserve the right to withdraw
linking permission without notice. The website from which you are linking
must comply in all respects with the content standards set out in our
Acceptable Use Policy (page 16)
- If you wish to make
any use of material on the Website other than that set out above, please
address your request to webshop@7camicie.co.uk.
- Where the Website contains
links to other websites and resources provided by third parties, these
links are provided for your information only. We have no control
over the contents of those websites or resources, and accept no responsibility
for them or for any loss or damage that may arise from your use of them.
- Intellectual Property
- Except as otherwise
expressly stated on the Website, all trademarks, trade names, trade
dress, service marks and logos used or displayed on the Website are
registered and unregistered trademarks, trade names, trade dress, service
marks and logos (“Intellectual Property”) of JMC (Fashion) Ltd.
Nothing on the Website grants or should be construed as granting, by
implication, waiver or otherwise any licence or right to use any Intellectual
Property without the express permission in writing of JMC (Fashion)
Ltd.
- We are the owners or
the licensee of all intellectual property rights in the Website and
in the material published on it. These works are protected by
copyright laws and treaties around the world. All such rights
remain vested in us. You may print off one copy, and may download extracts,
of any page(s) from the Website for your personal reference and you
may draw the attention of others within your organisation to material
posted on the Website. You must not modify the paper or digital
copies of any materials you have printed off or downloaded in any way,
and you must not use any illustrations, photographs, video or audio
sequences or any graphics separately from any accompanying text. Our
status (and that of any identified contributors) as the authors of material
on the Website must always be acknowledged. You must not use any part
of the materials on the Website for commercial purposes without obtaining
a licence to do so from us or our licensors.
- Law
and Jurisdiction
Contracts
for the purchase of Products through the Website will be governed by
Scots law. Any dispute arising from, or related to, such Contracts
shall be subject to the non-exclusive jurisdiction of the Scottish Courts.
- Disclaimer
IN NO EVENT
WILL JMC (FASHION) LIMITED, ITS AFFILIATES OR THEIR SERVICE PROVIDERS,
OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES,
AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED
IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE BE LIABLE
TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS,
LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY
TO USE THIS WEBSITE OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED
AT THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, DELICT OR ANY OTHER
LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED
BY LAW.
IN THE EVENT
OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR
SOLE REMEDY IS TO CEASE USING THIS WEBSITE.
Questions, comments
and requests regarding these Terms and Conditions are welcomed and should
be addressed to:
JMC (Fashion)
Ltd
Enterprise House
Unit 1
Whittle Place
South Newmore Industrial Estate
Irvine
United Kingdom
KA11 4HR
Phone:0044 (0)
1294 222 689
Fax:0044 (0) 1294
221 840
E-mail:webshop@7camicie.co.uk
ACCEPTABLE USE
POLICY
This Acceptable Use Policy sets
out the terms between you and JMC (Fashion) Limited under which you
use the Website. This Acceptable Use Policy applies to all users
of, and visitors to, the Website.
Your use of the Website means
that you accept, and agree to abide by, all the policies in this Acceptable
Use Policy.
- Prohibited Uses
You may use
the Website only for the purpose for which the Website is intended.
You may not use the Website:
- in any way that breaches
any applicable local, national or international law or regulation;
- in any way that is
unlawful or fraudulent, or has any unlawful or fraudulent purpose or
effect;
- for the purpose of
transmitting viruses to or from our systems;
- for the purpose of
harming or attempting to harm minors in any way;
- to transmit, or procure
the sending of, any unsolicited or unauthorised advertising or promotional
material or any other form of similar solicitation (spam); or
- to knowingly transmit
any data, send or upload any material that contains viruses, Trojan
horses, worms, time-bombs, keystroke loggers, spyware, adware or any
other harmful programs or similar computer code designed to adversely
affect the operation of any computer software or hardware.
- Content
Standards
These content
standards apply to any and all material which you contribute to the
Website “Contributions” and to any interactive services associated
with it.
- Contributions must:
- be accurate (where
they state facts);
- be genuinely held (where
they state opinions); and
- comply with applicable
law in the UK and in any country from which they are posted.
- Contributions must
not:
- contain any material
which is defamatory of any person;
- contain any material
which is obscene, offensive, hateful or inflammatory;
- promote sexually explicit
material;
- promote violence;
- promote discrimination
based on race, sex, religion, nationality, disability, sexual orientation
or age;
- infringe any copyright,
database right or trade mark of any other person;
- be likely to deceive
any person;
- be made in breach of
any legal duty owed to a third party, such as a contractual duty or
a duty of confidence;
- promote any illegal
activity;
- be threatening, abuse
or invade another’s privacy, or cause annoyance, inconvenience or
needless anxiety;
- be likely to harass,
upset, embarrass, alarm or annoy any other person;
- be used to impersonate
any person, or to misrepresent your identity or affiliation with any
person;
- give the impression
that they emanate from us, if this is not the case; or
- advocate, promote
or assist any unlawful act such as (by way of example only) copyright
infringement or computer misuse.
- Suspension and
Termination
We will determine,
in our sole discretion, whether there has been a breach of this Acceptable
Use Policy through the use of the Website. When a breach of this
Acceptable Use Policy has occurred, we may take such action as we deem
appropriate.
Failure to
comply with this Acceptable Use Policy may result in our taking all
or any of the following actions:
- immediate, temporary
or permanent removal of any posting or material uploaded to the Website;
- legal proceedings against
you for reimbursement of all costs on an indemnity basis (including,
but not limited to, reasonable administrative and legal costs) resulting
from the breach;
- further legal action
against you; and
- disclosure of such
information to law enforcement authorities as we reasonably feel is
necessary.
We exclude
liability for actions taken in response to breaches of this Acceptable
Use Policy. The responses described in this Acceptable Use Policy
are not limited, and we may take any other action we reasonably deem
appropriate.
- Changes to the Acceptable
Use Policy
This Acceptable
Use Policy may be revised by us from time to time.
Questions, comments
and requests regarding this Acceptable Use Policy are welcomed and should
be addressed to:
JMC (Fashion)
Ltd
Enterprise House
Unit 1
Whittle Place
South Newmore Industrial Estate
Irvine
United Kingdom
KA11 4HR
Phone:0044 (0)
1294 222 689
Fax:0044 (0) 1294
221 840
E-mail:webshop@7camicie.co.uk
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