Terms & Conditions Stedman Apparel Ltd.
We may amend these Terms from time to time as set out in clause 7. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 We operate the website www.stedman-online.co.uk. We are Stedman Apparel Limited, a company registered in England and Wales under company number 07005657 and with our registered office at c/o Wilder Coe, 233-237 Old Marylebone Road, London, NW1 5QT. Our main trading address is P.O. Box 238, Oakengates, TF2 2XY. Our VAT number is GB 980 467 882.
1.2 To contact us, please see our “Contact” page http://www.stedman-online.co.uk/en/contact/ or contact us at firstname.lastname@example.org.
2. OUR PRODUCTS
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 Although we have made every effort to be as accurate as possible, all sizes and measurements indicated on our site are approximate. Please refer to our size table for clarification.
2.3 All Products shown on our site are subject to availability. As there is a delay between the time when the order is placed and the time when the order is accepted, the stock position relating to particular Products may change. If an Product you have ordered becomes out of stock before we accept the order we shall notify you as soon as possible by email and you will not be charged for the out of stock Products.
3. USE OF OUR SITE
Your use of our site is governed by our Terms of website use (http://www.stedman-online.co.uk/Legal-Notes/). Please take the time to read these, as they include important terms which apply to you.
4. HOW WE USE YOUR PERSONAL INFORMATION
5. IF YOU ARE A CONSUMER
5.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
5.2 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process. Once you have checked out and your order has been confirmed you will not be able to make any changes to your order so please make sure that everything is correct before clicking the confirm button.
6.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6.3.
6.3 We will confirm our acceptance to you by sending you an e-mail that confirms that your order has been placed (Order Confirmation). The Contract between us will only be formed when we send you the Order Confirmation, subject to receipt of payment. We reserve the right to reject any order from you at any time.
6.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available, or because of our inability to obtain authorisation of payment, or an error in the price on our site as referred to in clause 11.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
7. OUR RIGHT TO VARY THESE TERMS
7.1 We may revise these Terms from time to time. Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us. Each time you order from us, a separate contract will be formed.
8. YOUR RIGHT OF RETURN AND REFUND
8.1 If you are a consumer, you have a legal right to cancel a Contract. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
8.2 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. You have the right to cancel at any time up to 7 (seven) working days from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.
8.3 To cancel a Contract, you must contact us using the online form described in clause 8.5 or by sending an e-mail to email@example.com or by sending a letter to P.O. Box 238, Oakengates, TF2 2XY, United Kingdom. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. Otherwise the cancellation is effective from the date you submitted the online form.
8.4 You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible once the Products have been received by our warehouse and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 8.3. If you returned the Products to us because they were faulty or mis-described, please see clause 8.5.
8.5 In addition to your legal right to cancel the Contract in accordance with clauses 8 to 8.4, you may return items within 14 days from the date when you placed your order for a full refund. We will provide you with a link to an online form to arrange return.
(a) If you have returned the Products to us under this clause 8.5 because they are faulty or mis-described, we will refund the price of a defective Product in full and any applicable delivery charges. You must notify us immediately upon receipt if the Products are fault or mis-described.
(b) If you have returned the Products for any reason other than in accordance with clause (a), we will refund the price of the Product less any applicable delivery charges, and any reasonable charges incurred by us for collection of the Product.
8.6 If the Products were delivered to you and you wish to return them in accordance with this clause 8:
(a) you must return the Products to us as soon as reasonably practicable. If the Products require collection, we will collect the Products from the address to which they were delivered. Within the Order Confirmation e-mail, we will provide you with a link to an online form to arrange return;
(b) unless the Products are being return in accordance with clauses 8.1 to 8.4 (right to cancel) or 8.5(a) (faulty or not as described), you will be responsible for the cost of returning the Products to us;
(c) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
8.7 We will not accept the cancellation or return of any Products that have been altered, decorated, printed, or otherwise personalised by you. Such alteration or otherwise of the Products shall be deemed to be irrevocable acceptance of the Products.
(a) For reasons of hygiene, underwear cannot be returned, nor exchanged, unless they have quality defects.
8.8 We will refund you once the Products have been received by our warehouse. Please note it may take 10 working days for the refund to show in your account.
8.9 Details of your legal right to cancel and an explanation of how to exercise it, and our returns policy are provided in the Dispatch Confirmation.
9.1 We make every effort to dispatch the Products to you on the next working day following your order.
9.2 Delivery will be completed when we deliver the Products to the address you gave us. If no one is available at your address to take delivery, the carrier will leave a calling card and try again the next working day. Then, if you did not contact the carrier to rearrange delivery, the delivery will be returned to our warehouse. Any items not delivered are subject to a £3.50 return fee. This is charged by the courier company we use and not by us.
9.3 The Products will be your responsibility from the completion of delivery.
9.4 You own the Products once we have received payment in full, including all applicable delivery charges.
10. NO INTERNATIONAL DELIVERY
10.1 Unfortunately, we do not deliver to addresses outside Great Britain mainland.
11. PRICE OF PRODUCTS AND DELIVERY CHARGES
11.1 The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 11.5 for what happens in this event.
11.2 Prices for our Products may change from time to time, but changes will not affect any order already paid.
11.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
11.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to our Delivery Charges page http://www.stedman-online.co.uk/Shipping-and-Charges.
11.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you in writing to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
12. HOW TO PAY
12.1 You can only pay for Products using Visa, Maestro, MasterCard and PayPal.
12.2 Payment for the Products and all applicable delivery charges is in advance. If you have paid via your PayPal account, transactions are charged at the time the goods are ordered, when you click on the “submit order” button.
12.3 If you have paid on your credit card you will only be charged once you confirmed transaction through payment service provider Ogone.
12.4 All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to, or does not for any reason, authorise payment then we will not process your order.
12.5 If for some reason we are unable to ship your goods, the value of the items that are not dispatched will be refunded.
13. OUR LIABILITY
13.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
13.2 We only supply the Products primarily for domestic and private use. In the event that you would consider to resell or otherwise deal with our Products other than for your own domestic and private use, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
14. EVENTS OUTSIDE OUR CONTROL
14.1 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.
14.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, 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, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
15. COMMUNICATIONS BETWEEN US
15.1 When we refer, in these Terms, to "in writing", this will include e-mail.
15.2 To cancel a Contract in accordance with your legal right to do so as set out in clause 8, you must contact us in writing by sending an e-mail to firstname.lastname@example.org or by sending a letter to P.O. Box 238, Oakengates, TF2 2XY. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
15.3 If you wish to contact us in writing for any other reason, you can send this to us by e-mail or by pre-paid post to Stdman Apparel Limited at P.O. Box 238, Oakengates, TF2 2XY OR email@example.com. You can always contact us using our Customer Services telephone line.
15.4 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
15.5 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days 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. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
16. OTHER IMPORTANT TERMS
16.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
16.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
16.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
16.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
16.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
16.7 If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
16.8 We will not file a copy of the Contract between us.