Revised version | 25th May 2018
IMPORTANT: PLEASE READ
WE DRAW YOUR ATTENTION TO THESE TERMS AND CONDITIONS WHICH APPLY WHENEVER YOU BUY GOODS FROM US ONLINE. PLEASE READ THEM VERY CAREFULLY BEFORE YOU PROCEED TO MAKE YOUR PURCHASE BECAUSE THEY EXPLAIN IMPORTANT INFORMATION ABOUT THE BASIS ON WHICH WE WILL SELL GOODS TO YOU.
BY PLACING AN ORDER YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
YOU SHOULD PRINT AND KEEP A COPY OF THESE TERMS AND CONDITIONS FOR YOUR RECORDS.
In these Terms:
"Website" means Our website at www.nottooshabbyclothing.com or www.ntshabby.com
"Goods" means the goods which We will supply to You in accordance with these Terms and Conditions.
"Order" means an order which You place with Us detailing the Goods You wish to buy from Us.
"We/Us/Our" means Not Too Shabby Clothing of Flat 5, 22 Pritchard Street, Bristol BS2 8RJ.
"You/Your" means you, the person using Our Website and/or buying Goods from Us.
1. How these Terms and Conditions apply
1.1 The Terms in Section A explain how Our Website must be used. They apply to ALL users of the Website. Section B also applies when You buy Goods using the Website. We may amend the Terms from time to time and you are advised to check them regularly for any changes which We make.
Section A: Terms of Website Use
2. About this Website
2.1 This Website is operated by Rhys Davies based in England. Address: 22 Pritchard Street, Bristol BS2 8RJ. We are a sole-trader.
2.2 This Website is aimed at people who are consumers. The information on this Website is in English, all communications shall be in English and the Website is designed to comply with English law. You may be viewing the Website in a market in which we do not commonly sell our goods and We cannot be held responsible for non-compliance with any local advertising or other laws in relation to this Website or its contents. We may restrict access to some parts of the Website to users who have registered with Us.
3. Our Rights in the Website
The copyright and other ownership rights (known as "Intellectual Property Rights") in this Website and its contents (including design, text, logos, trade names, graphics, software and any other material) are owned by Us or Our licensors. You must not yourself or allow anyone else to publish, copy, distribute or modify any of the content of this Website (© Not Too Shabby Clothing 2013. All Rights Reserved.) Anyone may view this Website and print pages from it for personal use only, for browsing Our products and placing an Order with Us. Any other use is strictly prohibited without Our prior written consent. You must not make any copy of any material from the Website for any business related use whatsoever.
You must not in any way copy, reproduce or use any trademarks, logos or brand names which appear on the Website. Linking to Our Website on other websites is at Our discretion and We may require that You stop providing links to Our Website at any time.
We may use any information which you upload to Our Website as We decide and We may also disclose that information to a third party.
4. Website Content
We have taken great care in compiling this Website but neither We nor Our directors, employees or other representatives or any other companies within Our group of companies will be responsible for any damages, losses or costs however they arise as a result of Your use of or reliance on the Website. Although We aim to provide information which is accurate and up to date, We do not guarantee to do so. You are responsible for making sure that Your reliance on this Website is suitable for Your own purposes and the information which We provide is not intended to be advice which You should rely on. The Website is provided on an "AS IS" basis and We exclude all warranties and representations of any kind with respect to this Website and its contents to the fullest extent which the law allows.
We may change, remove or in any other way adapt the content of Our Website at any time and without advance notice.
We may provide links to other websites. If we do this, those links are provided for Your convenience only and We cannot be responsible for the content or availability of those websites or Your use of them.
We do not guarantee that this Website will always be available or be free from error, virus or similar.
We aim to ensure that the product images on Our Website are as accurate as possible but there may be slight colour variations between the Goods and the images shown online.
Our "Size Guide" website feature is only intended for visual purposes and does not represent exactly how Our products will appear on You when purchased.
5. How you must use this Website
Submissions or comments which are in any way defamatory, abusive, obscene, unlawful, sexist, racist or which may in any way cause offence to any person are strictly prohibited. You must not use any abusive language, be aggressive, swear, threaten, harass or abuse any other person including but not limited to other users of this Website.
All information which You submit should be accurate, truthful and should not be copied.
You must use Your own identity at all times when using the Website and should ensure that all information which You provide is accurate and up to date to the best of Your knowledge. You must not use information about any other person except if You have their permission to do so.
You must not corrupt the Website, flood it with information causing it to malfunction or use any features which may affect the Website such as any worms, viruses or similar harmful elements. The use of spam (that is, multiple, unsolicited or undesired bulk e-mails) is also forbidden.
We will not be liable for any loss or damage which You suffer as a result of any harmful material infecting Your computer, data or other material due to Your use of Our Website.
If You have a password as part of Our security procedures, You must treat that information as confidential and must not disclose it to anyone.
We may refuse access to this Website to anyone who does not comply with these Terms.
Section B: Terms of Sale
6. Our Agreement for the Sale of Goods and the Ordering Process
6.1 The Website displays Goods which are advertised for sale and gives information about them. By advertising Goods on the Website, We are inviting You to place an Order with Us. If You place an Order, We are not obliged to accept that Order and the Contract between Us will only be formed if and when We accept Your Order. You may include any number of items within a single Order, subject to any restrictions set out in these Terms and each Order which You place will be a separate Contract between Us. We reserve the right to refuse to supply Goods to any person.
6.2 Any terms and conditions appearing or referred to in the Order or otherwise stipulated by You shall have no effect. Any variation of the Contract must be confirmed in writing by Us.
6.3 The following paragraphs explain the process which You will need to go through to place an Order and how the Contract for the sale of Goods between us will be formed. This section also explains important information about payment and delivery.
Step 1 - Choosing your Goods
You can select a product for purchase by clicking on the item which You are interested in and then clicking on "Add to Basket".
Step 2 - Reviewing Your Bag
You can review the products which You have added to Your basket. You can change the contents of Your basket by amending the quantity of Goods You want to order (subject to a maximum of two per item, per size), removing any unwanted items by clicking 'Remove' and then clicking update basket to view the revised basket total value. You can then continue shopping and adding to Your basket if You wish or if You don't want to buy anything else, go straight to the next step.
Step 3 - Going to Checkout
Once You have finished shopping You will be asked to confirm that You have read and agree with the Terms and Conditions.You can proceed to Checkout by clicking on "Checkout".
Step 4 - Customer registration
You will then be asked whether You are a new or a returning customer. To register as a new customer You will be asked to provide Your details and will be asked to create and confirm a password. We will then store that information so that if You place further Orders with Us, You will not need to re-enter all Your details and You will be remembered as a returning customer. Returning customers will be asked for a password and e-mail address to login, each time an Order is placed. If You do not wish to register as a new customer, you may continue to check out as a 'guest'. Please note, some personal details may still be required when proceeding with payment.
Step 5 - Completing the Address Details
You must then complete Your billing address. This is the address to which Your credit or debit card statements are normally sent. If You would like Your Goods to be delivered to a different address, You can tell Us by completing the delivery address section. Additional security checks may apply if an address other than the billing address is selected for delivery.
Step 6 - Your Order Summary and Payment Information
You will then see Your Order summary page. This includes details of the Goods in Your Order and Your billing and delivery address. You should check the details at this stage very carefully as this is the final stage in the Order process at which You can correct any mistakes or change the Goods which You want to Order. If You decide that You want to change something, You can correct errors in address details by clicking on "Edit Address", add products to Your Order by clicking on "Continue Shopping" or remove items by clicking on "Bag". You will also be asked to choose Your payment method and to add Your payment card details. Please check this information very carefully.
Step 7 - Placing Your Order
You will be asked to confirm that You have read the Terms and Conditions. You will then be asked to confirm all Your details and pay by clicking on "Confirm and Pay". At this point Your details will be submitted to Us.
Step 8 - Order Confirmation
Once We have received confirmation that Your payment has been authorised, a screen will appear, thanking You for Your Order. You will be given an Order reference and an e-mail will be sent to You to acknowledge Your Order. It will confirm the Goods, price and any delivery charge. Print a copy of the Order acknowledgment and e-mail and keep them for Your records.
6.4 We may refuse Your Order if we decide it is reasonable to do so which may include where:
6.4.1 We are unable to obtain authorised payment or the payment process is incomplete; or
6.4.2 We identify a product or pricing error on the Website; or
6.4.3 You fail to meet any criteria for eligibility of purchase which We impose from time to time; or
6.4.4 You fail to submit all necessary and relevant details to allow Us to fulfill the Order; or
6.4.5 Goods are unavailable or out of stock.
6.5 We may contact You by telephone or email to verify details before We are able to process and dispatch Your Order or We may be unable to accept it. For example, We may do this if Your Order is of particularly high value.
6.6 The Goods shown for sale on this Website are intended for private, consumer use and You must not resell Goods or offer them as a commercial enterprise. We reserve the right to limit the total value of Goods which can be included in an Order. If the total value of Goods in Your bag exceeds the limit which We may choose from time to time, then We will contact You.
7. Price, Payment & Delivery
7.1 Prices and delivery charges are as published on the Website when We accept Your Order. Prices are in pounds sterling and include VAT (if applicable). Delivery is free unless stated otherwise. If Your delivery requires a special delivery service or any other requirements that exceed the cost and procedure of Our standard delivery service You will be liable to pay all excess charges. If You require any special delivery requirements You must inform us by form of an email sent to: firstname.lastname@example.org before confirming your order. We reserve the right to not accommodate Your special delivery requirements if We so wish, if this is the case We will inform you of this and request your confirmation before proceeding with the order.
7.2 We may amend prices at any time. Where there is a difference between a price at the time the Order is made and when it is accepted, We will inform You by email or telephone and ask You if You wish to proceed. If You decline and for any reason payment has already been taken, it will be re-credited to Your Paypal, credit or debit account.
7.3 Offers and promotions on the Website are subject to availability and We may change or withdraw them at any time and without notice. Nothing shall oblige Us to maintain offers or promotions for any period. Additional terms may apply, details of which will be displayed.
7.4 We must receive payment for the Goods in full before they are dispatched.
7.5 We accept payment via Paypal and most major credit and debit cards including Visa, Mastercard, Maestro and American Express. You must only use a card if You are the named cardholder. By placing an Order, You confirm that You are the authorised cardholder. All credit and charge card holders are subject to validation and security checks as well as authorisation by the card issuer and any additional terms imposed by the issuer. If the issuer does not authorise payment, We will not accept Your Order and will not be liable for any delay or non-delivery.
7.6 If We do not have sufficient stock of Goods, We will notify You by e-mail or telephone and Your credit or debit card transaction will be cancelled so that You will not be charged. We will do this as soon as possible and by no later than 30 (thirty) days from the due delivery date. We will not be responsible for any compensation if Goods which You order are not available for any reason.
7.8 We have specified a delivery time of 3-5 working days for all orders shipped within the EU. this is usually very accurate however in the unlikely event there are delays with your country's postal service, orders may take up to a maximum of 20 working days to arrive.
If You Change Your Mind
8.1 You have a legal right to cancel the Contract for any reason at any time within 7 (seven) working days of the day after You receive the Goods. This is the legal "cooling off period".
However, We may allow returns after this 7 (seven) working day "cooling off period" but this will only be at our discretion.
8.2 To cancel, You must tell Us in writing (including e-mail) within 7 (seven) working days that You want to do so. You must also keep the Goods in a re-saleable condition in their original packaging and send them back to Us as soon as possible but must do so within 14 (fourteen) days of the day after You receive the Goods. Our contact details are:
Online Customer Services
Flat 5, 22 Pritchard Street
St. Pauls, Bristol
8.3 We will refund the money due to You as soon as possible but by no later than 30 (thirty) days from the day on which You tell Us that You wish to cancel. We will refund the full price of the returned Goods.
8.4 You will be responsible for the cost of returning the Goods to Us. This will not affect Your rights if the Goods are faulty and that situation will be dealt with in accordance with Clauses 8.5 to 8.11 below.
If Things Go Wrong
8.5 We warrant that the Goods which we supply are of satisfactory quality and are fit for the purpose for which Goods of that nature are commonly supplied.
8.6 If You return Goods to Us for a reason other than if You change Your mind, We will inspect the Goods and either replace them or refund the full purchase price for Goods which We reasonably accept are defective or faulty or which are otherwise not in accordance with the Contract. This is subject to You returning the Goods to Us within a period of 14 (fourteen) days from delivery where you believe they are faulty for any reason. This is known as the "Warranty Period".
8.7 We will replace the Goods or refund You provided that the defect or fault is not caused by usual wear and tear, damage caused deliberately or accidentally, Your negligence or if You fail to follow product instructions or if the Goods have been misused, altered or repaired without Our approval. Any refund will also include any delivery charges which You have paid and Your cost of returning the Goods to Us. If We do not find any fault or defect then Your cancellation and refund rights are limited to those set out also in Clauses 8.1 to 8.4 above although this does not affect your statutory rights. Taking account also of Clause 9 below, the remedy in this Clause 8.7 represents our entire liability to You for any claim under the Warranty Period or any other warranty or condition in respect of the Goods which the law provides in so far as We are permitted to limit Our liability to You.
8.8 If You believe that Goods have a defect then You should not make any further use of them before returning them to Us. After the Warranty Period, refunds and exchanges shall be at Our discretion except that Your statutory rights are not affected. These are Your rights granted by law and which cannot be changed by Us.
8.9 If You wish to return Goods in accordance with Clause 8.6 You must:
Return the Goods in an unused condition to Us (by courier or recorded delivery please,) to the address in Clause 8.2.
8.10 We will aim to process Your refund or replace the Goods as soon as possible but will do so within 30 (thirty) days of You returning the Goods to Us. Please contact Us at email@example.com for delivery charge refunds.
8.11 Finally, whenever You return Goods to Us either because You believe they are faulty or because You change Your mind, We ask that Goods are returned to Us, either by recorded delivery or courier so that You have proof of posting. We will not be responsible for Goods which are lost or damaged in the post.
9. Our Liability
9.1 NOTHING IN THE CONTRACT OR ELSEWHERE WILL EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR ANY LIABILITY FOR FRAUDULENT MISREPRESENTATION OR FRAUD OR LIABILITY WHICH WE ARE RESPONSIBLE FOR IN RELATION TO CONSUMER PROTECTION RIGHTS OR FOR ANY OTHER MATTERS WHICH IT WOULD BE ILLEGAL FOR US TO EXCLUDE. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.
9.2 TO THE EXTENT THAT WE ARE LIABLE TO YOU IN RESPECT OF BREACH OF CONTRACT, FOR NEGLIGENCE OR FOR ANY OTHER LEGAL LIABILITY IN RELATION TO THE GOODS OR THIS CONTRACT OR OTHERWISE, OUR TOTAL LIABILITY TO YOU WILL BE LIMITED TO THREE TIMES THE PRICE OF THE GOODS WHICH ARE THE SUBJECT OF THE LIABILITY, PAID BY YOU TO US AND ANY LOSSES WHICH ARE FORESEEABLE AS A DIRECT CONSEQUENCE OF US BREAKING OUR CONTRACT WITH YOU.
9.3 EXCEPT UNLESS WE EXPLICITLY STATE ELSEWHERE, WE SHALL NOT BE RESPONSIBLE FOR ANY INDIRECT OR SPECIAL LOSSES WHICH HAPPEN AS A SIDE EFFECT OR CONSEQUENCE OF ANY MAIN LOSS OR DAMAGE OR FOR ANYTHING WHICH WE OR YOU COULD NOT REASONABLY ANTICIPATE. THIS INCLUDES BUT IS NOT LIMITED TO THE FOLLOWING, HOWEVER THEY ARISE:
9.3.1 LOST PROFITS;
9.3.2 LOSS OF INCOME OR REVENUE;
9.3.3 LOSS OF SAVINGS;
9.3.4 LOSS OF DATA;
9.3.5 LOSS OF USE OF MONEY.
9.4 Many of the items which We offer for sale are fashion items and may not be suitable for sports or other activities. You should therefore satisfy yourself that items are suitable for the type of sports activity that You wish to use them for.
10.1 We aim to ship orders within 1-2 working days after payment has been received by Us. Items are shipped via Royal Mail 2nd Class Delivery for all UK orders and International Airmail for sending small parcels to Europe and the rest of the world. Delivery times are specified on the Royal Mail Website: www.royalmail.com. We aim for Goods to be delivered within 3-10 working days depending on location. However time is not of the essence for delivery or performance which means that We will not be responsible if Goods are delivered outside those times and We will not be liable for the consequences of any delay. If We are unable to deliver the Goods within the indicated timescale, We shall use reasonable efforts to tell You this by e-mail and give an amended delivery time. We will not be liable for the consequences of any delay. Our liability to You is capped at the limits set out in Clause 9.2 above.
10.2 If Goods are out of stock then We will let you know by e-mail and let You know if any alternatives are available. We will try to replenish low stock levels as soon as possible although We will not be obliged to do so. If You Order more than one product, We do not guarantee that all Goods will be delivered to You in one delivery and We reserve the right to deliver in instalments.
10.3 Ownership of the Goods will only pass to You when We receive full payment including delivery charges (if applicable). The Goods will be at Your risk from the time of delivery and You should therefore take reasonable care of them.
10.4 If the Goods or quantity which You receive are not as You ordered due to Our error then You should inform Us by email or letter using the contact details set out at Clause 8.2, as soon as possible after You receive the Goods and become aware of the error. We will make good any error. We will also reimburse to You any delivery costs which You incur in sending the incorrect Goods back to Us. Any Goods which You receive in error and intend to return should not be used by You.
10.5 Goods will be delivered to the address which You provide in the Order process however delivery practices may vary depending on which carrier is delivering the Goods. You must provide a valid address for delivery. The delivery method which We use may vary depending on the nature and number of the Goods. We shall select what We think is the most appropriate delivery method for the Goods.
11. Our Rights in the Goods
All ownership rights known as intellectual property rights in the Goods including all designs, trade marks, brand names, images and logos are and shall remain Our property or those of Our licensors. At no time shall any rights, title or interest in the intellectual property rights pass to You. You must not offer the Goods for resale.
12.1 We will not be in any way responsible to You for a failure to sell Goods which You wish to buy or otherwise for a failure to comply with Our obligations under the Contract or any costs or liabilities which You incur as a result of any circumstances beyond Our reasonable control including but not limited to any act of God, flood, fire, trade dispute, lack of third party materials or services or terrorist acts.
12.2 The Contract between You and Us is binding. You may not transfer or assign Your rights or obligations to another person without Our express agreement. We may transfer or assign Our rights and obligations under the Contract or appoint third parties to assist Us in performing Our obligations at any time provided that this will not reduce Our obligations to You.
12.3 If any clause of this Contract is found in any way to be void by a Court or other competent authority then all other clauses of the Contract will continue to apply.
12.4 If either We or You do not at any time act on any rights which we have under this Contract then it will not affect the rights of either of us to enforce any rights at a later stage. If either of us chooses not to rely on a right which we have, it will not affect any other rights which either of us has.
12.5 This Contract is subject to English law and both We and You agree that any dispute arising under or connected to it will be decided by the English courts.
12.6 No changes to the Contract will bind either of us unless We agree to them in writing. We may amend these Terms at any time and without notice to You. Any change will take effect immediately after being posted on the Website and will be deemed to be accepted by any person who uses the Website. Where You have already placed an Order which We have accepted, the Contract will remain subject to the version of the Terms which were in place at the time at which You placed Your Order.
12.7 Nothing in these Terms seeks to exclude or limit any rights available under applicable law which cannot be excluded or limited. This means that these Terms will not change any rights which the law grants to You which that law does not allow Us to change or limit.
12.8 Any notice You send to Us will be deemed delivered as follows, depending on how You send it:
12.8.1 on the day on which it is left if You deliver the notice by hand; or
12.8.2 on the day on which it was posted if You post the notice as shown on proof of postage; or
12.8.3 on the day on which it is sent correctly if by fax or email;
and in each case it should be sent to the address set out at Clause 8.2.
12.9 A person who is not party to this Contract shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of it which means that only We and You have rights under it. This does not affect any right or remedy of any person which exists or is available otherwise than under that Act.
12.10 The Contract is the entire agreement and understanding between Us in respect of its subject matter and will supersede and replace any prior agreements, understandings or arrangements whether written or verbal. We each acknowledge that in entering into the Contract neither of us has relied on any representation or promise given by the other or implied from anything said or written other than as specifically set out in the Contract or on the Website.
12.11 We have a procedure for investigating complaints and for dealing with queries about Our Website. Please contact:
Not Too Shabby Clothing,
Flat 5, 22 Pritchard Street,
Bristol BS2 8RJ