TERMS & CONDITIONS
Trading terms and conditions of Retro and Lace Limited t/a Bra Shop Online
These terms and conditions regulate the business relationship between you and us. By using Our Website in any way, or by buying from us, you agree to be bound by them.
No person under the age of 18 years may purchase Goods. We look forward to seeing you again when you are over 18.
We are: Retro and Lace Limited t/a Bra Shop Online
Our address is: Bra Shop Online, 299 Marine Road Central, Morecambe, LA4 5BY
You are: a visitor to Our Website / our customer
The terms and conditions:
In this agreement:
“Carrier” means any person or business contracted by us to carry Goods from us to you.
“Consumer” means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.
“Content” means any content in any form published on Our Website by us or any third party with our consent.
“Goods” means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you.
“Our Website” means the entire computing hardware and software installation that is or supports our website.
"Post" means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly;
In this agreement unless the context otherwise requires:
2.1. a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
2.2. these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.
2.3. any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
2.4. except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person;
2.5. in this agreement references to a party include references to a person to whom those rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that party.
2.6. the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation;
2.7. all money sums mentioned in this agreement are calculated net of VAT, which will be charged when payment is due.
2.8. a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
2.9. in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party, such cost calculated £50 per hour.
2.10. these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.
2.11. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3. Our contract with you
3.1. This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
3.2. Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
3.3. Because we rely on our suppliers, we do not guarantee that Goods advertised on our website are available.
3.4. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods. We advise you to print a copy for your records.
3.5. If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.
4. Acceptance of your order
4.1. Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch the goods to you. At any point up until then, we may decline to supply the goods to you without giving any reason.
4.2. If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
4.2.1 accept the alternatives we offer;
4.2.2 cancel all or part of your order.
5. Price and Payment
5.1. It is possible that the price may have increased from that posted on our Website. If that happens, we will not send your order until you have confirmed that you wish to buy at the new price.
5.2. Prices include UK value added tax (“VAT”) unless otherwise stated when placing your order.
5.3. If the item you order is available in parts, you must pay us the full price of your order before we will send any part of it.
5.4. Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.
5.5. If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we dispatch it to you.
5.6. The price of the items does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.
5.7. If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 14 days from the date when we accept that repayment is due.
6. Security of your credit card
6.1. We take care to make Our Website safe for you to use. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
7. Consumer protection: cancellation and exclusions
If you are a citizen of the European Union and you buy as a consumer as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, then.
7.1. you may cancel your order at any time before we dispatch your order or before the expiry of 14 working days from the date you receive your order, not including the day you received it.
7.2. no term in this agreement shall take effect to reduce or remove any right you have under any law on account of your status as a consumer.
7.3. as required by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, details of our after-sales service and guarantees, if any, are given on our website / in our catalogue.
7.4. the option to cancel your order is not available for the following Goods (your Statutory Rights are unaffected)
7.4.1 Gift vouchers are non-returnable and cannot be refunded.
7.4.2 Delivery charges won't be refunded unless the goods were faulty.
7.4.3 Hosiery cannot be returned for hygiene reasons once the original packaging has been opened.
7.5. You may cancel your order at any time before we have dispatched the Goods. If you do, we will refund to you the price of the Goods and any delivery charge.
7.6. After we have dispatched the Goods, you may cancel your order provided that you notify us within 14 days of receipt and return the Goods to us within 14 days. If you do, we will refund to you the price of the Goods.
7.7. If you cancel your order after we have dispatched the Goods, you must return them to us in the same condition in which you received them. We cannot refund your money if the Goods have been used, worn., damaged or are unsaleable.
7.8. You are responsible for the cost of returning them. We are not obliged to refund to you your cost of re-packing and returning the Goods.
7.9. To assist us in identifying your Goods on receipt by us, we ask you to telephone 01524 426611 for a returns reference to be placed below our address / returns label.
7.10. If you fail to return the goods, within twenty days, we are entitled to arrange for their collection. If we do we shall look to you to repay us the cost of collection.
7.11. We will refund your money within 14 days of receipt by us of the returned Goods.
7.12. The Law expects an expert to help a buyer to avoid buying a product which may be unsuitable in some way. We are retailers. We are not experts in any of the Goods we sell. You alone must decide whether a product is suitable for your requirement.
7.13. This paragraph does not affect your rights in the event that the Goods are faulty.
8. Delivery and pick up
8.1. Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery.
8.2. Goods ordered online are usually dispatched within 3 working days (Monday to Friday) of receipt of order and arrive with our customers within 3 to 5 days. Where an order is placed on a Saturday or a Sunday or Bank Holiday delivery may take between 5 to 7 days.
8.3. For small items we use Royal Mail. For larger items your Goods will be delivered by our Courier. We reserve the right to use alternative means of shipping at our discretion.
8.4. If our Courier is unable to deliver your Goods, they will leave you with instructions to make alternative arrangements for delivery. If they are unable to deliver your Goods or your fail to collect them from their depot (if applicable) within 14 days they will be returned to Bra Shop Online.
8.5. If you need your Goods urgently we recommend you order using our Express Delivery Service.
8.6. Where our Express Delivery Service is used, Goods ordered before 12 noon Monday to Thursday will be delivered next day. Orders placed after 12 noon Thursday or before 12 noon Friday will be delivered on Monday. We do not offer a Saturday delivery service.
8.7. If we are not able to deliver your Goods within 10 days of the date of your order, we shall notify you by e-mail to advise you of an anticipated delivery date.
8.8. We may deliver the Goods in instalments if they are not all available at the same time for delivery.
8.9. Goods are sent at our risk until our first attempted delivery to the specified delivery address at which the risk of loss or damage of Goods passes to you.
8.10. We deliver to mainland UK and to a significant number of overseas countries. The Countries we deliver to are those that are supported by our Royal Mail International Tracked and Signed for provider and these are listed in the checkout when entering your address. Restrictions do apply to some Countries. Please contact us if you wish to find out more about our delivery policies and charges.
8.11. When we have dispatched your order, we will send you a notification by email.
8.12. Some items are so large and heavy that delivery times may be slightly longer. In this case, approximate delivery dates will be given when you place your order.
8.13. When we deliver overseas you may be subject to import duties and taxes within your own Country . Any additional duties, taxes or costs remain your responsibility. Overseas import duties and tax may vary significantly from country to country so you should contact your local customs office if you need information, advice or assistance. You remain the actual importer of the goods you have ordered from us and you must therefore comply with all laws and regulations of the country in which you receive delivery.
9. Liability for subsequent defects
9.1. We will repair or replace Goods which fail to comply with the provisions of the Sale of Goods Act 1979 or which show a defect. If you claim that the item is defective, the following conditions apply:
9.1.1 the defect must be reported to us within four weeks of becoming apparent;
9.1.2 the defect results only from faulty design or manufacture;
9.1.3 you have returned the defective Goods or parts to us if we have so requested.
9.2. If we agree that we are liable, we will refund the cost of return carriage and will repair or replace the Goods free of charge.
9.3. If we repair or replace Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.
10. Goods returned
These provisions apply in the event that you return any Goods to us for any reason:
10.1. We do not accept returns unless you buy as a consumer, or there was a defect in the Goods at the time of purchase, or we have agreed in correspondence that you may return them.
10.2. Before you return a product to us, please carefully re-read our Returns & Refund Policy.
10.3. The Goods must be returned to us as soon as any defect is discovered.
10.4. So far as possible, Goods should be returned:
10.4.1 with both goods and all packaging as far as possible in their original condition;
10.4.2 securely wrapped;
10.4.3 including our delivery slip;
10.4.4 at your risk and cost.
10.5. The procedure for return of Goods is set out on our website. If you do not follow this procedure, we may be unable to identify you as the sender of the Goods or accept the returned Goods.
10.6. In returning a faulty item please encloses with it a note clearly stating the fault and when it arises or arose.
10.7. If delivery was made to a UK address, you are also protected by the Sale of Goods Act 1979 and Supply of Goods and Services Act 1982.
10.8. If we agree that the item is faulty, we will:
10.8.1 refund the cost of return carriage;
10.8.2 repair or replace the item as we choose.
11.1. Conditions, warranties or other terms implied by the law of any county other than England and Wales are excluded from this agreement to the fullest extent permitted by law.
11.2. We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.
11.3. You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
11.4. We give no warranty and make no representation, express or implied, as to:
11.4.1 the quality of the Goods;
11.4.2 any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
11.4.3 the correspondence of the Goods with any description;
11.4.4 the adequacy or appropriateness of the Goods for your purpose;
11.4.5 the truth of any Content on Our Website;
11.4.6 compliance with any law;
11.4.7 non-infringement of any right.
11.5. We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.
11.6. Except in the case of liability for personal injury or death, our liability under this contract is limited, to the maximum extent permitted by law, to the value of the goods or services you have purchased.
12. Your account with us
12.1. You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
12.2. If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.
12.3. You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
13. Other restrictions
You agree that you will not use or allow anyone else to use Our Website:
13.1. to sell or promote any product or service without our express written consent;
13.2. in a way which violates the law of any country in which we operate, or which fails to comply with accepted Internet protocol;
13.3. for spamming. Spamming includes, but is not limited to:
13.3.1 the bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients;
13.3.2 the use of distribution lists that include people who have not given specific permission to be included in such distribution process;
13.3.3 excessive and repeated Posting off-topic messages to newsgroups;
13.3.4 sending age-inappropriate communications or Content to anyone under the age of 18.
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any Content, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
15. Intellectual Property
15.1. We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
15.2. Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
15.3. You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
15.4. Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
16. Miscellaneous matters
16.1. No amendment or variation to this agreement is valid unless in writing, signed by each of the parties or his authorised representative.
16.2. So far as any time, date or period is mentioned in this agreement, time shall be of the essence.
16.3. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
16.4. Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or that service.
16.5. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
16.6. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
16.7. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
16.8. Any communication to be served on either of the Parties by the other shall be delivered by hand or sent by first class post or recorded delivery or by fax or by e-mail.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
We do not accept service by fax or email.
16.9. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
16.10. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
16.11. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control.
16.12. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
16.13. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales.