These terms of supply (together with the documents referred to in them) tell you the terms and conditions on which we supply any of the products ("Products") listed on our website www.claudiasebire.com ("our site") to you ("Terms of Supply"). Please read these Terms of Supply carefully and make sure you understand them, before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these Terms of Supply. You should print a copy of these Terms of Supply for future reference. Please click on the button marked "I Accept" at the end of these Terms of Supply if you accept them. Please understand that if you refuse to accept these Terms of Supply, you will not be able to order any Products from our site.
1. INFORMATION ABOUT US
www.claudiasebire.com is a site operated by Claudia Sebire ("we", "us" or "our"). We operate our business in the United Kingdom. Our main trading address is 136 Fulham Road, London SW10 9PY. Our VAT number is 461641359.
2. YOUR STATUS
(a) By placing an order through our Site, you warrant that you are legally capable of entering into binding contracts and at least 18 years old.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
(b) In submitting a Product order, you offer to buy the Product(s) at the price(s) indicated (which will be inclusive of VAT), as well as pay the applicable delivery charge and any applicable import duties and local taxes.
(c) After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean 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 email that confirms that the Product(s) have been dispatched ("Dispatch Confirmation"). The contract between us ("Contract") will only be formed when we send you the Dispatch Confirmation.
(d) The contract will relate only to those Product(s) of which dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Product(s) which may have been part of your order until the dispatch of such Product(s) has been confirmed in a separate Dispatch Confirmation.
(e) We will not issue a Dispatch Confirmation where we do not accept your Product order. Non-acceptance of a Product order by us may occur in the following circumstances: when we identify a pricing or Product description error; when the ordered Product is out of stock or unavailable or if we are unable to obtain authorisation for your payment. We reserve the right to restrict multiple quantities of a Product being delivered to you.
We may provide links on our site to the websites of other businesses or companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from third party sellers through our site, or from businesses or companies to whose website we have provided a link on our site, 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. If you would like information about your legal rights you should contact your local trading standards office or citizens advice bureaux.
5. PRODUCT AVAILABILITY AND DELIVERY
(a) Your Product order will be fulfilled by the delivery date set out in the Dispatch Confirmation, or, if no delivery date is specified, then within thirty (30) days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
6. PRICE AND PAYMENT
(a) The price of the Product(s) and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error. Please see our 'Delivery FAQs' for further information regarding delivery, including cost.
(b) Product prices and delivery charges 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.
(c) Our site contains a large number of Products and it is always possible that some Products 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, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it. For the avoidance of doubt, we do not have to provide to you the any Product(s) that are incorrectly priced.
(d) Payment for all Products must be by credit or debit card. We accept payment with American Express (Amex), Visa Debit, Visa Credit, Visa Electron, Mastercard and Maestro. We will not charge your credit or debit card until we dispatch your order.
All Product prices are shown in sterling and include VAT. 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 items in full before the change in VAT takes effect. If the country of shipment is outside the EU, the Product price will be reduced at the point of check-out to reflect the fact that VAT is not payable on these Product orders.
8. IMPORT TAXES
(a)If you order Product(s) from our site 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.
(b) If import taxes apply, once your Product order has arrived at customs, our agent will telephone you to let you know how much you will need to pay. This could delay your delivery time, as your Product order will be held until you pay the charge. If you decide not to pay the import taxes and we are charged, we will have to charge you for these costs.
(c) Please also note that you must comply with all applicable laws and regulations of the country for which the Product(s) are destined. We will not be liable for any breach by you of any such laws.
RISK AND TITLE
The Product(s) will be your responsibility from the time of delivery. Ownership of the Product(s) will only pass to you when we receive full payment of all sums due in respect of the Product(s), including delivery charges.
RETURNING A PRODUCT
(a) You may cancel your Product order (Contract) at any time within fourteen (14) calendar days, beginning on the day after you receive the last Product in your order. In this case, you will receive a full refund of the price paid for the Product(s) in accordance with our refunds policy (set out at clause 11 below). To cancel a Contract you must inform us in writing in accordance with clause 17 below. You must also return the Product(s) to us at your own cost as soon as reasonably practicable. We ask that you return the Product(s) within fourteen (14) calendar days of the date of your cancellation notice.
Condition of returned Product(s)
(b) You have a legal obligation to take reasonable care of the Product(s) while they are in your possession and to ensure that the returned Product(s) are received by us and not damaged in transit. If you fail to comply with this obligation, we may have a right of action against you for compensation. We are not responsible for any Product returns that are lost or misdirected. We will only be responsible once in receipt of the returned item. We therefore recommend that all Product returns are recorded, trackable and insured.
(c) All Product packaging is considered part of the Product sold to you. We ask that you return all Product(s) unused and unworn in their original packaging, with all our original and designer tags intact and attached. Where provided, any designer packaging such as authenticity cards, belts, dust bags and leather tags should be included with the returned Products. Any of our boxes should also be enclosed within the original plastic packaging provided.
(d) We appreciate that you require reasonable opportunity to inspect and assess the Product(s) you have ordered. However, please note that all shoes should be tried on an indoor, carpeted surface and, in the event of cancellation, returned unmarked in the original, undamaged packaging. We do not accept returns that are damaged, soiled or missing original labels, and these may be sent back to you.
(e) Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your other statutory rights as a consumer.
Returning Product(s) to our store
(f) For the avoidance of doubt, your ordered Product(s) may not be returned to our store. Any refund to which you are entitled will only be issued in accordance with these Terms of Supply. These Terms of Supply do not apply to items purchased within our store. Such items may not be returned or exchanged via our site or using the return process set out in these Terms of Supply.
11. OUR REFUNDS POLICY
(a) If you return a Product to us:
(i) because you have cancelled the Contract between us within the fourteen (14) calendar day cooling-off period (see clause 10.1 above), we will process the refund due to you as soon as possible and, in any case, within thirty (30) days of the day on which you gave us notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the Product(s) to us. We will email you to let you know when we have processed your return and any refund, or exchange – please see clause 12 below.
(ii) for any other reason (for instance, in the unlikely event that you consider the Product is faulty), we will examine the returned Product and will notify you of your refund via email within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within thirty (30) days of the day we confirmed to you via email that you were entitled to a refund. We will refund the price of a defective Product in full, together with any applicable delivery charges and any reasonable costs you incur in returning the faulty Product to us.
(b) We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
(a) We are only able to offer size exchanges. You must notify us of any request for a Product of a different size within fourteen (14) calendar days of receiving your original Product.
(b) You must notify us by email and specify the replacement Product size. Subject to availability, you will be charged for the cost of delivering the replacement Product in the usual way. You must also return the original Product to us at your own cost as soon as reasonably practicable.
(c) Alternatively, you can telephone Customer Services on 020 7835 1327 to notify us of your request for a replacement Product in a different size. Subject to availability, we shall hold any such replacement Product for forty-eight (48) hours pending our receipt of your original Product, which you must return to us at your own cost as soon as reasonably practicable. In the event that we do not receive your original Product within forty-eight (48) hours of you telephoning us, we will release it for general sale and you will need to request an exchange via our site in accordance with clause 12.2 above.
(d) For the avoidance of doubt, any exchange request made in accordance with this clause 12 will be treated as a variation of the Contract between us and not a cancellation of the Contract. In the event that, following an exchange, you are still not satisfied with your replacement Product order, you may cancel your Contract at any time within fourteen (14) calendar days, beginning on the day after you receive the replacement Product.
Exchanging for an alternative Product
(e) In the event that you wish to exchange any Product for any reason other than a change of size, you must cancel your original Product order and return the original Product to us (in accordance with clause 10.1 above) and then place a new order for the replacement Product. Your original Contract with us will be treated as cancelled and you will enter into a new Contract with us, on these Terms of Supply, for the replacement Product. We will process your refund for the original Product in accordance with clause 11.1(a) above.
13. FAULTY GOODS
(a) Before your Product order leaves us it is fully checked, however, please contact Customer Services at email@example.com straightaway if you receive a Product that is faulty or damaged, so we can arrange a refund or exchange.
Exchanging a faulty Product
(b) In the unlikely event that you believe one of our Products to be faulty, you may request a refund using either of the methods described at clauses 12.2 and 12.3 above. In this case, we will send you the replacement Product free of charge and reimburse you in full for any reasonable costs you incur in returning the faulty Product to us.
(a) We warrant to you that any Product purchased from us through our site will, on delivery, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all purposes for which products of that kind are commonly supplied.
(b) We make an effort to display the colours of our Products as accurately as possible on our site. However, we cannot guarantee that your computer monitor's display of any colour will be completely accurate.
15. OUR LIABILITY
(a) Subject to clause 15(c), if we fail to comply with these Terms of Supply, we shall only be liable to you for the purchase price of the Products and, subject to clause 15(b), any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
(b) Subject to clause 15(c), we will not be liable for losses that result from our failure to comply with these Terms of Supply that fall into the following categories:
(i) loss of income or revenue;
(ii) loss of business;
(iii) loss of profits;
(iv) loss of anticipated savings;
(v) loss of data;
(vi) or waste of management or office time.
However, this clause 15(b) will not prevent claims for loss of, or damage to, your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories (i) to (vi) inclusive of this clause 15(b)
(c) Nothing in this agreement excludes or limits our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; defective items under the Consumer Protection Act 1987; any deliberate breaches of these terms and conditions that would entitle you to terminate the Contract; or any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
16. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our site. 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.
All notices given by you to us must be given to Claudia Sebire at 136 Fulham Road, London SW10 9PY or firstname.lastname@example.org. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in clause 16 above. Notice will be deemed received and properly served immediately when posted on our website, twenty-four (24) hours after an email is sent, or five (5) days after the date of posting 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 email, that such email was sent to the specific email address of the addressee.
18. TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract between you and us is binding on you and us and on our respective successors and assignees. 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.
19. EVENTS OUTSIDE OUR CONTROL
(a) 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; and pandemic or epidemic.
(b) 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. We 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.
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 will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us of any of these Terms of Supply will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 17 above.
(a) We reserve the right to vary these Terms of Supply from time to time. Such variations become effective immediately upon posting to the site.
(c) Some of the provisions contained in these Terms of Supply may also be superseded by provisions or notices published elsewhere on our site.
If any court or competent authority decides that any of the provisions of these Terms of Supply or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
23. ENTIRE AGREEMENT CLAUSE
(a) These Terms of Supply and any document expressly referred to in them constitute the whole agreement between us.
(b) We each acknowledge that, by agreeing to these Terms of Supply, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms of Supply or any other document expressly referred to in them.
(c) Each of us agrees that our only liability in respect of those representations and warranties that are set out in these Terms of Supply (whether made innocently or negligently) will be for breach of contract.
(d) Nothing in this clause limits or excludes any liability for fraud.
24. JURISDICTION AND APPLICABLE LAW
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them, their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
25. THIRD PARTY RIGHTS
A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.