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.

1. 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.

2. 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, Irvine KA11 4HR or webshop@7camicie.co.uk for more information.

3. Your Status

By placing an order through the Website, you warrant that:

1. you are legally capable of entering into binding contracts; and

2. you are at least 18years old.

4. How the Contract is Formed Between You and Us

1. 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.

2. 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.

5. Our Status

1. 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.

2. 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.

6. Products

1. 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.

2. 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.

3. 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.

4. 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.

7. Gift Vouchers

1. Gift vouchers may be purchased from the Website.

2. Gift Vouchers may only be purchased in £Sterling.

3. Gift Vouchers cannot be exchanged for cash.

4. 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.

5. 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.

6. Gift vouchers are valid for a limited time period which will be specified at the time the Gift Voucher is purchased.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

8. Consumer Rights

1. 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.

2. 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.

3. 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.

9. Availability and Delivery

1. 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.

 

 

2. We deliver to anywhere in the UK as set out in our Delivery Schedule.

3. We deliver to all counties in the EU as set out in our Delivery Schedule.

4. Otherwise please contact us by e-mail at webshop@7camicie.co.uk to obtain details of delivery charges.

5. We deliver to all other countries at set out in our Delivery Schedule.

10. Risk and Title

1. The Products will be at your risk from the time of delivery.

2. 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.

11. Price and Payment

1. The price of any Products will be as quoted on the Website from time to time, except in cases of obvious error.

2. These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in the Dispatch Confirmation.

3. 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.

4. 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.

5. 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.

6. 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.

12. Import Duty

1. 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.

2. 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.

13. Our Refunds Policy

1. 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.

2. 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.

3. We will usually refund any money received from you using the same method originally used by you to pay for the Product ordered.

14. Our Liability

1. 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.

2. 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.

3. This does not include or limit in any way our liability:

1. for death or personal injury caused by our negligence;

2. under section2(3) of the Consumer Protection Act 1987;

3. for fraud or fraudulent misrepresentation; or

4. for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

4. 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:

1. loss of income or revenue

2. loss of business

3. loss of profits or contracts

4. loss of anticipated savings

5. loss of data; or

6. waste of management or office time

however arising and whether caused by delict (including negligence), breach of contract or otherwise, even if foreseeable.

15. 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.

16. 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.

17. Transfer of Rights and Obligations

1. The Contract between you and us is binding on you and us and on our respective successors and assigns.

2. 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.

3. 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.

18. Events Outside Our Control

1. 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”).

2. 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:

1. strikes, lock-outs or other industrial action.

2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

5. impossibility of the use of public or private telecommunications networks.

6. the acts, decrees, legislation, regulations or restrictions of any government.

3. 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.

19. Waiver

1. 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.

2. A waiver by us of any default shall not constitute a waiver of any subsequent default.

3. 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.

20. 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.

21. Entire Agreement

1. 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.

2. 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.

3. 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.

22. Our Right to Vary These Terms and Conditions

1. 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.

2. 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).

23. Linking to and from the Website

1. 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.

2. You must not establish a link from any website that is not owned by you.

3. 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)

4. 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.

5. 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.

24. Intellectual Property

1. 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.

2. 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.

25. 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.

26. 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.

1. Prohibited Uses

You may use the Website only for the purpose for which the Website is intended. You may not use the Website:

1. in any way that breaches any applicable local, national or international law or regulation;

2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

3. for the purpose of transmitting viruses to or from our systems;

4. for the purpose of harming or attempting to harm minors in any way;

5. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or

6. 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.

2. 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.

The standards apply to each part of any Contribution as well as to its whole.

1. Contributions must:

1. be accurate (where they state facts);

2. be genuinely held (where they state opinions); and

3. comply with applicable law in the UK and in any country from which they are posted.

2. Contributions must not:

1. contain any material which is defamatory of any person;

2. contain any material which is obscene, offensive, hateful or inflammatory;

3. promote sexually explicit material;

4. promote violence;

5. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

6. infringe any copyright, database right or trade mark of any other person;

7. be likely to deceive any person;

8. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

9. promote any illegal activity;

10. be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;

11. be likely to harass, upset, embarrass, alarm or annoy any other person;

12. be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

13. give the impression that they emanate from us, if this is not the case; or

14. advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

3. 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:

1. immediate, temporary or permanent removal of any posting or material uploaded to the Website;

2. 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;

3. further legal action against you; and

4. 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.

4. 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