
Website Use
Indemnity
You agree fully to indemnify, defend and hold us, and our
officers, directors, employees, agents and suppliers, harmless
immediately on demand, from and against all claims, liability,
damages, losses, costs and expenses, including reasonable
legal fees, arising out of any breach of the Conditions by
you or any other liabilities arising out of your use of this
Website, or the use by any other person accessing the Website
using your shopping account and/or your Personal Information.
Our rights
We reserve the right to:
Modify
or withdraw, temporarily or permanently, this Website (or
any part thereof) with or without notice to you and you confirm
that we shall not be liable to you or any third party for
any modification to or withdrawal of the Website; and/or
Change the Conditions from time to time, and your continued
use of the Website (or any part thereof) following such change
shall be deemed to be your acceptance of such change. It is
your responsibility to check regularly to determine whether
the Conditions have been changed. If you do not agree to any
change to the Conditions then you must immediately stop using
the Website.
Third party links
To provide increased value to our Users, we may provide links
to other websites or resources for you to access at your sole
discretion. You acknowledge and agree that, as you have chosen
to enter the linked website we are not responsible for the
availability of such external sites or resources, and do not
review or endorse and are not responsible or liable, directly
or indirectly, for (i) the privacy practices of such websites,
(ii) the content of such websites, including (without limitation)
any advertising, content, products, goods or other materials
or services on or available from such websites or resources
or (iii) the use to which others make of these websites or
resources, nor for any damage, loss or offence caused or alleged
to be caused by, or in connection with, the use of or reliance
on any such advertising, content, products, goods or other
materials or services available on such external websites
or resources.
Purchase Of Products
Contract
creation and electronic contracting
The technical steps required to create the contract between
you and us are as follows:
You
place the order for your products on the web-site by pressing
the confirm order button at the end of the check-out process.
You will be guided through the process of placing an order
by a series of simple instructions on the web-site.
We will send to you an order acknowledgement email detailing
the products you have ordered. This is not an order confirmation
or order acceptance from High Demand Clothing.
As your product is shipped from our warehouse we will send
you a despatch confirmation email.
Order acceptance and the completion of the contract between
you and us will take place on the despatch to you of the Products
ordered unless we have notified you that we do not accept
your order or you have cancelled it in accordance with the
instructions in How to cancel your order.
Non-acceptance of an order may be a result of one of the following:
The
product you ordered being unavailable from stock.
Our inability to obtain authorisation for your payment.
The identification of a pricing or product description error.
You not meeting the eligibility to order criteria set out
in the main Terms & Conditions.
The contract will be concluded in English.
The
details of your specific contract will not be filed
Description of products
Each Product purchased is sold subject to its Product Description
which sets out additional Specific Conditions related to that
Product including, without limitation, terms and conditions
concerning estimated delivery dates and times, warranties,
after-sales service and guarantees.
We will take all reasonable care to ensure that all details,
descriptions and prices of Products appearing on the Website
are correct at the time when the relevant information was
entered onto the system. Although we aim to keep the Website
as up to date as possible, the information including Product
Descriptions appearing on this Website at a particular time
may not always reflect the position exactly at the moment
you place an order.
We cannot confirm the price of a Product until your order
is accepted.
Payment
All prices are inclusive of VAT (where applicable) at the
current rates and are correct at the time of entering the
information onto the system. The total cost of your order
is the price of the Products ordered plus delivery charges
as set out in the Delivery section of this Website. Payment
can be made by any of the methods specified in the Payment
section of this Website.
You
confirm that the credit, debit or store card that is being
used is yours.
All
credit/debit cardholders are subject to validation checks
and authorisation by the card issuer. If the issuer of your
payment card refuses to or does not, for any reason, authorise
payment to us, we will not be liable for any delay or non-delivery.
Refusal of transaction
We reserve the right to withdraw any Products from this Website
at any time and/or remove or edit any materials or content
on this Website. We may refuse to process a transaction for
any reason or refuse service to anyone at any time at our
sole discretion. We will not be liable to you or any third
party by reason of our withdrawing any Product from this Website
whether or not that Product has been sold; removing or editing
any materials or content on the Website; refusing to process
a transaction or unwinding or suspending any transaction after
processing has begun.
To
be eligible to purchase Products on this Website and lawfully
enter into and form contracts on this Website under English
law you must:
--
Provide your real name, phone number, e-mail address, payment
details and other requested information
-- Stipulate a delivery address in the United Kingdom. Please
note that PO box numbers, hotels and accommodation addresses
are not acceptable
-- Possess a valid credit or debit card issued by a bank acceptable
to us
By making an offer to buy a Product, you specifically authorise
us to transmit information (including any updated information)
or to obtain information about you from third parties from
time to time, including but not limited to your debit or credit
card number or credit reports, to authenticate your identity,
to validate your credit card, to obtain an initial credit
card authorisation and to authorise individual purchase transactions.
Returns
Returns should be made in the original, undamaged packaging,
and we reserve the right to withhold a percentage of the refund
value of returned goods if the product or packaging is in
such a condition that the item needs to be reduced in price
for resale.
All customers must ensure any returns comply with our returns
policy
General
Intellectual property and
right to use
You acknowledge and agree that all copyright, trademarks and
all other intellectual property rights in all material or
content supplied as part of the Website shall remain at all
times vested in us or our licensors. You are permitted to
use this material only as expressly authorised by us or our
licensors.
You
acknowledge and agree that the material and content contained
within the Website is made available for your personal non-commercial
use only and that you may (if necessary to make a Purchase)
download such material and content onto only one computer
hard drive for such purpose. Any other use of the material
and content of the Website is strictly prohibited. You agree
not to (and agree not to assist or facilitate any third party
to) copy, reproduce, transmit, publish, display, distribute,
commercially exploit or create derivative works of such material
and content.
Compliance
with laws
The Website may be used only for lawful purposes and in a lawful
manner. You agree to comply with all applicable laws, statutes
and regulations regarding the Website and any transactions conducted
on or through the Website.
Limitation of liability
While we will use reasonable endeavours to verify the accuracy
of any information we place on the Website, we make no warranties,
whether express or implied in relation to its accuracy.
The
Website is provided on an "as is" and "as available"
basis without any representation or endorsement made and we
make no warranties of any kind, whether express or implied,
in relation to the Website, or any transaction that may be
conducted on or through the Website including but not limited
to, implied warranties of non-infringement, compatibility,
security, accuracy, conditions of completeness, or any implied
warranty arising from course of dealing or usage or trade.
We
make no warranty that the Website will meet your requirements
or will be uninterrupted, timely or error-free, that defects
will be corrected, or that the site or the server that makes
it available are free of viruses or bugs or represents the
full functionality, accuracy, reliability of the Website.
We will not be responsible or liable to you for any loss of
content or material uploaded or transmitted through the Website.
To
the fullest extent permissible under applicable law, we disclaim
any and all warranties of any kind, whether express or implied,
in relation to the Products.
This
does not affect your statutory rights as a consumer
We
will not be liable, in contract, tort (including, without
limitation, negligence), pre-contract or other representations
(other than fraudulent or negligent misrepresentations) or
otherwise out of or in connection with the Conditions for:
Any
economic losses (including without limitation loss of revenues,
profits, contracts, business or anticipated savings); or
any loss of goodwill or reputation; or
any special or indirect losses,
suffered or incurred by that party arising out of or in connection
with the provisions of any matter under the Conditions.
Nothing
in the Conditions shall exclude or limit our liability for
death or personal injury resulting from our negligence or
that of our servants, agents or employees.
Severance
If any part of the Conditions shall be deemed unlawful, void
or for any reason unenforceable, then that provision shall
be deemed to be severable from the Conditions and shall not
affect the validity and enforceability of any of the remaining
provisions of the Conditions.
Law
The Conditions shall be governed by and construed in accordance
with the laws of England and you irrevocably submit to the
exclusive jurisdiction of the courts of England.