TERMS & CONDITIONS THE WWW.SAGECLOTHING.CO.UK – TERMS AND CONDITIONS OF SALE
These terms and conditions (“Conditions”) will apply to any contract between us for the sale of Goods to you (the “Contract”). Please read these Conditions carefully and make sure you understand them before ordering any Goods from this site.
By clicking "Checkout" you are agreeing to purchase the Goods set out in the Order from Sage Clothing Ltd according to the Conditions listed below. Please note that these Conditions may be amended from time to time and each time you wish to order Goods, please check these Conditions to ensure that you are aware of and understand the terms which will apply at the time you order.
These Conditions were last updated on 9 September 2012.
1. Definitions and Interpretations
1.1. In these Conditions, unless defined elsewhere in these Conditions or the context otherwise requires, the following words and expressions shall have the following meanings: "Goods": the goods ordered by the Customer from http://www.sageclothing.co.uk; "Order": the order placed by the Customer with Sage Clothing Ltd for the Goods on the order page; “Site”: http://www.sageclothing.co.uk "Writing": includes e-mail.
1.2. Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
2.1 Sage Clothing Ltd (“Sage Clothing”, “our”, “us” or “we”), a company registered in England and Wales under company number 03311381, operates this Site with its registered office and trading office at 41 Church Street, Enfield, Middlesex, EN2 6AJ.
2.2 To contact us please see our “Contact Us” page on our Site http://www.sageclothing.co.uk/contact-us-i3.
2.4 Please note you may only purchase Goods from our site if you are at least 18 years old.
2.5 All Contracts made by Sage Clothing and any additions or amendments to such Contracts shall be subject to these Conditions which shall supersede and override any terms or conditions proposed or stipulated by you.
2.6 Sage Clothing employees or agents are not authorised to make any representations concerning the Goods unless confirmed by Sage Clothing in Writing. Therefore, only representations confirmed in Writing by Sage Clothing will form part of any Contract between us.
2.7 As you may be aware, as a consumer, you may have legal rights in relation to Goods that are faulty or not as described. It may be possible to find out more about your legal rights from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Conditions will affect these legal rights.
2.8 We may revise the Conditions on our Site from time to time. Each time we revise our Conditions, we will update this page with the revised set of Conditions and provide you with the relevant date of such update at the top of this page.
3.1 The pictures of Goods on this Site are for illustrative purposes only. Although we have used reasonable efforts to try to ensure that the colours display accurately on the Site, we are unable to guarantee that the settings on your computer will allow the display of colours to reflect accurately the colour of the Goods and as a result, the Goods you order may vary slightly from its image on the Site.
3.2 Please be aware that the packaging of the Goods may vary from that shown on images on our Site.
3.3 Please note that all Goods shown on our Site are subject to availability. We will inform you by e-mail as soon as possible if the Goods you have ordered are not available and we will not process your order if made.
4.1 During the order process, you will be able to check and amend any errors before you submit any order to us. Please ensure that you read and check your Order and other details you have entered at each stage of the order process as you are responsible for ensuring the accuracy of the terms of your Order and for providing us with all necessary information for us to be able to perform the Contract.
4.2 After placing your Order, you will receive an e-mail from us acknowledging that we have received your Order and confirms the quantity and description of the Goods. 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 paragraph 4.3 below.
4.3 We will confirm our acceptance to you by sending you another e-mail that that the Goods have been dispatched by us for delivery (“Email Confirmation”). Please be aware that the Contract between us will only be formed when we send you the Email Confirmation.
4.4 If we are unable to supply you with the Good(s), for example because that Good is not in stock or no longer available or because of an error in the price on our Site as referred to in paragraph 8.5 , we will inform you of this by e-mail and we will not process your order. If you have already paid for such Good(s), we will refund you the full amount as soon as possible.
5. Cancellation and Returns
5.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000 (the “Regulations”) during the period set out below in paragraph 5.3 (the “Cancellation Period”). Under the Regulations, during the Cancellation Period, if you change your mind or for any other reason you decide you do not want to keep the Good(s), you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these Regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
5.2 However, please note that this right to cancel does not apply to any Goods which are any made-to-measure or custom-made products.
5.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 14 (fourteen) days in which you may cancel, starting from the day you receive the Products.
5.4 To cancel a Contract, you must ensure the product is in the same condition that you received it (Tried on only for fit and sizing). The item(s) is your responsibility until it reaches us, so for your own safety we recommend you return item(s) using a recorded mail service that carries insurance. Please return all items to the address below ensuring the original invoice is included (please take a copy for your own records): REFUND DEPARTMENT Sage Clothing 41 Church Street, Enfield, EN2 6AJ, United Kingdom
5.5 You will receive a full refund of the price you paid for the Goods less any delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in paragraph 5.4. If you returned the Goods to us because they were faulty or mis-described, please see paragraph 5.6 below.
5.6 If you have returned the Goods to us under this paragraph 5 because they are faulty or mis-described, we will refund the price of a defective Good in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us. Please note you may have other legal rights with regards to faulty or mis-described goods which are not affected by this paragraph 9. Further information about such rights may be available from your local Citizens' Advice Bureau or Trading Standards office.
5.7 We refund you on the credit card or debit card or PayPal account used by you to pay.
5.8 If the Goods were delivered to you:
(a) in accordance with this paragraph 5 you wish to return the Goods, you must return the Goods to us within a period of 8 (eight) working days in which you received them, starting from the day you receive the Products;
(b) unless the Goods are faulty or not as described, you will be responsible for the cost of returning the Goods to us;
(c) you have a legal obligation to keep the Goods in your possession and to take reasonable care of the Goods while they are in your possession .
6.1 Details of our delivery charges can be found here http://www.sageclothing.co.uk/delivery-returns-i5
6.2 Estimated timescales for delivery are set out in the Email Confirmation. Sage Clothing makes reasonable efforts to deliver goods within the estimated timescales, however, there may be times where delays may occur due to events outside of our control. If we are unable to meet the estimated delivery date because of such an event, we will contact you in Writing with a revised estimate of the delivery date.
6.3 Any time or date for the dispatch or delivery of Goods shall be taken as an estimate made by Sage Clothing in good faith. We shall not be liable for any delay or failure to deliver the Goods by the estimated Delivery Date if the delay or failure is wholly or partly caused by circumstances beyond our control.
6.4 Unless the parties otherwise agree to the contrary in Writing, delivery of the Goods shall be made by Sage Clothing delivering the Goods to you at such premises as specified by you in your Order or such other premises that you and Sage Clothing have agreed in Writing.
6.5 Delivery will be completed when we have delivered the Goods to the address provided to us by you (the “Delivery Address”).
6.6 Once delivery has been completed (as described in paragraph 6.5 above), the Goods will be your responsibility.
6.7 You own the Goods once we have received payment in full, including all applicable delivery charges. Until such time, we shall, in addition to any remedies we may have at law, be entitled at any time to require you to deliver up the Goods to Sage Clothing.
7. International Delivery
7.1 Please note for orders placed on our Site for international delivery there may restrictions on which Goods will are available for delivery outside the United Kingdom, due to customs, legal, regulatory and certain practical restrictions. Please be advised that in all circumstances we reserve the right to define what can and cannot be delivered to which destination.
7.2 Goods ordered for international delivery may also be subject to import duties and taxes (which apply when the delivery arrives at its destination) and you will be responsible for the payment of such charges. Please note we do not have control over such charges nor can we predict the amount of such charges.
7.3 You will be responsible for complying with any and all applicable laws and regulations of the country into which Goods are destined for. We will not be responsible nor liable for any breach of this provision.
8. Price and Delivery Charges
8.1 The price of the Goods shall be the price displayed on our Site from time to time and may be subject to change.
8.2 Please note prices displayed on our Site for Goods are exclusive of any and all delivery charges which may apply. Our delivery charges are as quoted on our site from time to time as further described in our Delivery Charges http://www.sageclothing.co.uk/delivery-returns-i5
8.3 The price of a Good includes VAT (where applicable) at the current rate chargeable in the UK for the time being which may be applicable. Please note that if the rate of VAT changes between the date your order is made and the delivery date, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT occurs.
8.4 After you have placed an Order, we reserve the right, by giving notice to you in Writing at any time before delivery, to increase the Price of the Goods to reflect any increase in the cost to Sage Clothing which is due to any factor beyond the control of Sage Clothing (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities for the Goods which is requested by you, or any delay caused by your instructions or your failure to give Sage Clothing adequate information or instructions.
8.5 Our Site contains a large number of Goods. Whilst we try to ensure that all prices on the Site are accurate, errors may occur. If we discover an error in the price of Goods you have ordered we will inform you as soon as possible of this error and give you the option of continuing to purchase the Goods in your Order at the correct price or cancelling it. . 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 Goods to you at the incorrect (lower) price.
9.1 Payment can be made by any of the following methods:
9.2 We will take all reasonable precautions to keep the details of your order and payment secure, but, save where we are held to be grossly negligent, we will not be liable for any losses caused as a result of unauthorised access to information provided by you.
9.3 Payment for the Products and all applicable delivery charges will be made in advance. We will charge your you debit card, credit card or account after the Email Confirmation has been sent and prior to delivery of the Goods to the address specified in the Order.
9.4 In the event that your card issuer or Paypal fails to make any payment of the Goods or any delivery costs on your behalf then, without prejudice to any other right or remedy available to Sage Clothing, Sage Clothing shall be entitled to cancel the contract or suspend any further deliveries (if any) to you.
10. Insolvency of Customer
10.1 This paragraph applies if at any time before the ownership of the Goods you ordered passes to you one or more of the following events occurs (the "Cancellation Events"):
(a) you make a voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction);
(b) a holder of any fixed or floating charge or other security holders enforces its security or takes possession, or a receiver is appointed, of any of your property or assets or any other analogous event occurs;
(c) you cease, or threaten to cease, to carry on business; or (d) we reasonably believes that any of the events mentioned above is about to occur in relation to you and notifies the Customer accordingly.
10.2 If this clause applies then, without prejudice to any other right or remedy available to Sage Clothing, we shall be entitled to cancel the Order or suspend any deliveries under the Order without any liability to you save that we will refund you payment made to it in respect of the Goods forming part of the Order prior to the Cancellation Event. If the Goods have been delivered but not paid for at the date of the Cancellation Event the total due in respect of the delivered Goods shall become immediately due and payable notwithstanding any previous agreement or arrangements to the contrary.
11.1 You agree to indemnify, defend and hold harmless Sage Clothing, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, any and all legal fees) arising from your use of this Site or your breach of any of its terms or conditions (including, but limited to, these Conditions).
12. Force Majeure
12.1 There may be circumstances beyond our reasonable control in which we unable to perform or may be delayed from performing our obligations under the Contract. We shall not be 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 of our control.
12.2 An event outside of our control means any act or event beyond our reasonable control including, without limitation, strikes 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, or 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.
13. Use of the Site
13.1 Please note we cannot guarantee that this Site will be compatible with your computer or other device (“Device”) or that this Site will not damage your Device. We are also unable to this Site is free from malicious or harmful content (such as viruses and other malware). To the fullest extent permitted by applicable law, we accept no liability for any corruption or loss of data held on your Device or any liability for any other loss or damage of any kind caused to you or your Device resulting from use of this Site.
13.2 The Site may, from time to time, contain links to external websites. To the fullest extent permitted by applicable law, we do not accept any liability in respect of the contents or use of these websites.
14. Exclusions of Liability
14.1 If we fail to comply with these Conditions, we will only be responsible for the loss or damage you suffer that is a foreseeable result of our breach of these Conditions or our negligence which has been finally judicially determined, 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.
14.2 We only supply the Goods you have ordered for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.3 To the fullest extent permitted by applicable law, we exclude all representations, warranties, conditions and terms and conditions which may be express or implied by statute, common law or otherwise.
14.4 Nothing in these Conditions excludes or limits our liability for death or personal injury caused by our negligence or any other liability that we are not permitted to limit or exclude under applicable law.
15.1 The Contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. These Conditions and any Contract between us are only in the English language.
15.2 Any notice or communication required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its e-mail address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
15.3 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 Conditions.
15.4 This agreement 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.
15.5 Each of the paragraphs of these Conditions 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.
15.6 If we fail to insist that you perform any of your obligations under these Conditions, 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.
15.7 The Contract constitutes the entire agreement and understanding of the parties and supersedes all prior oral or written agreements, understandings or arrangements between them relating to the Contract. Neither you nor us will be entitled to rely on any agreement, understanding or arrangement which is not expressly contained in the Contract and no change may be made to it except in Writing signed by duly authorised representatives of both parties.
15.8 You agree that these Conditions shall not be denied legal effect, validity or enforceability on the grounds that they are displayed electronically or transmitted from Sage Clothing to you or from you to us using the Internet.