Website Terms and Conditions of Supply
We reserve the right to change these terms and conditions from time to time by changing them on the Site, although no such change will affect any order you have already placed with us. These terms and conditions were last updated on 3rd December 2012. We do not sell products for purchase by minors (individuals under 18 years of age). If you are under 18 years of age, you may only purchase products with the involvement of a parent or guardian.
Products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the "Submit Order" button on the final checkout page. After placing an order, you will receive an email from us acknowledging that we have received your order and giving you an order reference number. 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. We are not obliged to accept your order and may, in our discretion, decline to accept any order. Where we accept your order, we will confirm such acceptance to you by sending you an email that confirms that the Product has been dispatched (Dispatch Confirmation). The contract between you and us in relation to the Products ordered (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.
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 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances. Your order will be delivered to the delivery address you specify when placing your order within the United Kingdom mainland and Northern Ireland. Orders cannot be delivered to British Forces Post Office addresses. Products comprised within the same order cannot be delivered to different addresses. Deliveries are made by Royal Mail or courier and take place on Monday to Friday, excluding bank and public holidays, usually within the hours of 8am and 5pm. It is not possible to specify a precise time at which a delivery will take place. Please note that the courier may require deliveries to be signed for. Deliveries will be made to your door. Couriers will not be responsible for any additional carrying, unpacking or positioning of Products.
Delivery outside the United Kingdom
If you order Products for delivery outside the United Kingdom, they may be opened and inspected by customs authorities and 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.
Risk and title
Products ordered will be at your risk from the time of delivery. Ownership of the Products ordered will also pass to you on delivery, provided we have received full payment of all sums due in respect of the Products, including delivery charges.
Price and payment
The price of Products is as quoted on the Site from time to time. Prices include VAT but exclude delivery costs, which will be automatically added to the total amount due as set out in our delivery info once you have selected your chosen delivery method. Prices and delivery costs 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 Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Site may be incorrectly priced. We will normally verify prices as part of our dispatch 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 our site, 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. Payment for all orders must be made by credit or debit card. We accept payment by most major credit and debit cards. We will not charge your credit or debit card until we despatch your order. You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
Except in relation to certain Products set out below, you may cancel a Contract at any time before your order is delivered and up to seven working days afterwards, 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 (see below). To cancel a Contract, you must inform us in writing, giving us your name, address and order reference. You must also return the Products to us within 14 days of notifying us of the cancellation, in the same condition in which you receive them (except to the extent reasonably necessary for you to examine them), and at your own cost and risk. 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 to claim the cost of any deterioration from you. You will not have any right to cancel a Contract for the supply of any of the Products that have been customised or made to your own specifications, unless such Products were damaged or faulty when delivered to you or have been incorrectly delivered. Details of the consumer rights described above, and an explanation of how to exercise them, are provided in the Dispatch Confirmation. Nothing in this section affects your legal rights.
Our refunds policy
If you cancel a Contract between us within the seven-day cooling-off period (see above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. We will refund the price of the Product in full, including the cost of delivery. However, you will be responsible for the cost of 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 your purchase.
If any Product you order is damaged or faulty when delivered to you, we may offer a repair, exchange or refund, as appropriate, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty, you must inform us in writing, giving us your name, address and order reference. Nothing in this section affects your legal rights.
Whilst we have taken reasonable steps to depict Products as accurately as possible through the photographs and other images featured on the Site, the detailing (such as colour, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product when you receive it.
Nothing in these terms and conditions shall limit or exclude our liability to you:
• for death or personal injury caused by our negligence;
• for fraudulent misrepresentation;
• for breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
• under Part I of the Consumer Protection Act 1987; or
• for any other liability that may not, under English law, be limited or excluded.
Subject to this, in no event shall we be liable to you for any business losses. Any liability we do have for losses you suffer arising from any Contract is strictly limited to the purchase price of the relevant Products and to losses that were foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control.
You may not transfer or assign any or all of your rights or obligations under any Contract without our prior written consent. All notices given by you to us must be given by email or in writing to the address set out at the end of these terms and conditions. We may give notice to you at either the email or postal address you provide to us when placing an order. If we fail to enforce any of our rights, that does not result in a waiver of that right. If any provision of these terms and conditions is found to be unenforceable, all other provisions shall remain unaffected. These terms and conditions may not be varied except with our express written consent. 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. We are required by law to advise you that Contracts may be concluded in English only and that no public filing requirements apply. These terms and conditions shall be governed by English law, and you agree that any dispute between us regarding them or any Contract will only be dealt with by the English courts, provided that, if you live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there.
Please submit any questions you have out these terms and conditions or an order you have placed or ordering in general by email to email@example.com, by telephone 0845 600 1081 between the hours of 9am to 5pm, Monday to Friday or write to us at:
Pomodoro Clothing Co. Ltd
Pomodoro House, St Leonards Road,