TERMS AND CONDITIONS FOR BUSINESS CUSTOMERS & CONSUMERS
This document contains various Terms and Conditions applicable to CrownCouture:
Terms and Conditions of Supply Online
Terms and Conditions of Supply In-store
Please ensure to read the sections applicable to you in advance of using CrownCouture goods and services.
TERMS AND CONDITIONS OF SUPPLY ONLINE & INSTORE
This page (together with our Privacy Policy and Terms of Website Use tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website, www.crowncouture.co.uk (our site) to you.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site or purchasing in-store. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.
In order to process any online orders, you must carefully read and click on the button marked “I Accept” (relating to the Terms and Conditions of Supply Online) if you accept them at the checkout stage. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms for future reference.
We amend these Terms from time to time as set out in Clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms were most recently updated on 14 August 2017.
1. INFORMATION ABOUT US
1.1 We operate the website www.crowncouture.co.uk. We are CrownCouture, Lorraine Alonzi and Nicola Alonzi the partners, and their successors and survivors as partners, of the firm CrownCouture having its principal business at 10 William Street, Edinburgh, EH3 7NH (the “Partnership”). Our VAT number is 178 8716 48.
1.2 To contact us, please see our Contact Us page.
2. OUR PRODUCTS
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images. This does not mean that the item is defective or miss-shipped. However, if you are confident that you have received the item in a wrong color, please contact our customer service team to see if an exchange is possible.
2.2 The packaging of the Products may vary from that shown on images on our site.
2.3 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
3. USE OF OUR SITE
Your use of our site is governed by our Terms of Website Use. Please take the time to read these, as they include important terms which apply to you.
4. HOW WE USE YOUR PERSONAL INFORMATION
We only use your personal information in accordance with our Privacy Policy. For details, please see our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.
5. IF YOU ARE A CONSUMER
5.1 This clause 5 only applies if you are a consumer.
5.2 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
5.3 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
5.4 If you are a consumer, you may only buy our products for non-business use only. If the consumer intends to purchase CrownCouture products for resale, you will be classified as a business customer and subject to the clauses relevant to business customers.
6. IF YOU ARE A BUSINESS CUSTOMER
6.1 This clause 6 only applies if you are a business.
6.2 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
6.3 Goods purchased for resale cannot be repackaged or rebranded in any way.
6.4 These Terms and our Privacy Policy, Terms of Website Use and Terms & Conditions of Supply In-store, and Terms & Conditions Relating to Services constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
6.5 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms, our Privacy Policy and Terms of Website Use.
6.6 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
7. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
7.1 Below, we set out how a legally binding contract between you and us is made.
7.2 For the steps you need to take to place an order on our site, please see our Shop page.
7.3 Services on this Site may require registration and the creation of an account. Please ensure that the details you provide upon registration or at any time are complete and accurate, and inform us immediately of any changes to the details you provided when registering.
7.4 When you register for an account on the Site, you will be asked to create a password. You agree to be responsible for maintaining the confidentiality of your account details and password, and for restricting access to your computer to prevent unauthorised access to your account. You agree to promptly notify us if you have reason to believe that your account details or password have been lost, or if they are likely to be used in an unauthorised manner. We will not be liable, directly or indirectly, for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of the Terms of Conditions.
7.5 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
7.6 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. 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 clause 7.7.
7.7 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
7.8 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 14.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
8. OUR RIGHT TO VARY THESE TERMS
8.1 We may revise these Terms from time to time in the following circumstances:
a) changes in how we accept payment from you; or
b) changes in relevant laws and regulatory requirements.
8.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
8.3 Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
8.4 The Partnership/company reserves the right to add to, change or discontinue any product range at any time, without notice.
PLEASE NOTE CLAUSES 9 AND 10 RELATE TO CONSUMER (9) AND TRADE (10) RIGHTS TO RETURN OR EXCHANGE ITEMS PURCHASED ONLINE & INSTORE. THESE RIGHTS VARY SO PLEASE PAY PARTICULAR ATTENTION TO THE CLAUSE RELEVANT TO YOU.
9. CONSUMER ONLINE PURCHASES
9.1 This clause 9 only applies if you are a consumer.
9.2 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling Regulations 2000) during the period set out below in clause 9.3.
9.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, 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.
9.4 You may cancel a Contract from the date you receive 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) working days in which you may cancel, starting from the day you receive the Products.
9.5 To cancel a Contract, please contact us in writing to tell us by sending an e-mail to info@crowncouture.co.uk or in writing to CrownCouture, 10 William Street, Edinburgh, EH3 7NH. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by letter, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
9.6 Please note that cancellation rights do not apply in the case of any custom-made products. All sales of custom-made items are final.
9.7 Provided stock Products are returned in their original condition and packaging, you will receive a full refund of the price (minus postage costs) you paid for the Products provided they are returned within 14 days of receipt of the items. 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 clause 9.4. If you returned the Products to us because they were faulty or mis-described, please see clause 9.12.
9.8 The right of refund or exchange is only applicable provided the product is returned in its original conditions and packaging. Please note that any Product which has been detached from its packaging, unravelled and/or exposed to handling or wear and/or is visibly damaged due to handling will not be accepted due to hygiene reasons and will be returned to the buyer at the buyers cost.
9.9 We are unable to replace or exchange an item until the original parcel is returned to CrownCouture. If you need an item in a hurry, we suggest you place a new order for the new item and send the original item back at a later date.
9.10 Any faulty hair must be reported in writing within a maximum of 14 days of receipt of the item. We must receive the said faulty item back within seven days of the complaint being made – it will then be examined and inspected. This is due to human hair being a consumable item during wear. The right to an exchange or a refund will not apply to any defect in the Products arising from:
i) fair wear and tear;
ii) chemical or heat damage;
iii) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
iv) if you fail to operate or use the aftercare products in accordance with the user instructions;
v) any alteration or repair by you or by a third party who is not one of our authorised repairers; or any specification provided by you.
vi) use of other formulas on the hair – CrownCouture aftercare products must be purchased at the time of purchasing the extensions.
9.11 All CrownCouture hair/hair pieces MUST be used in conjunction with CrownCouture Hair Care products. Should the buyer choose not to purchase the CrownCouture Hair Care Programme products, The Partnership cannot be held responsible for the hair once installed. We cannot guarantee the quality of any CrownCouture extensions with other formulas. Aftercare products must be purchased at the time of purchasing the extensions. Any hair returned to be tested for alleged quality issues must be accompanied by original proof of purchase for both the extensions and aftercare.
9.12 The Partnership will not look at any hair extensions or pieces that have been coloured, toned, tinted, silver/purple shampooed, permed or chemically damaged. All hair must be returned in its original product colour. Goods are not considered faulty if their condition deteriorates due to poor hair management or poor application of extensions. If no fault is present, or the hair has been damaged or coloured in any way by the customer, the goods will be returned to the customer and we will not refund or replace the goods. We must receive the said faulty item back within seven days of the complaint being made, this will then be examined and inspected. Please note the testing of faulty items can take up to 30 days.
9.13 The Partnership will not look at any hair pieces that have been cut or altered in any way – this includes heat styling.
9.14 The Partnership will not look at, or be held responsible for, hair extensions that may have discoloured on holiday. Multiple elements abroad can cause severe discolouration of hair and therefore we always recommend the extensions are removed before going on holiday.
9.15 If you have returned the Products to us under this clause 9 because they are faulty or mis-described on arrival, we will refund the price of a defective Product in full or replace the product. Please note: the images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images. This does not mean that the item is defective or mis-described. However, if you are confident that you have received the item in a wrong colour, please contact our customer service team to see if an exchange is possible.
9.16 We refund you on the credit card or debit card used by you to pay.
9.17 For exchanged items you may be asked for a nominal fee as a contribution towards any additional postage of shipping, depending on which shipping method you require.
9.18 If the Products were delivered to you and you wish to return them:
i) you must return the Products to us within 14 (fourteen) days of receipt of the item; please notify us of the return by emailing info@crowncouture.co.uk; and return to CrownCouture, 10 William Street, Edinburgh, EH3 7NH.
ii) you must return your items with an original proof of purchase and the CrownCouture returns form
iii) you will be responsible for the cost of returning the Products to us; the item/s must be delivered to us via a ‘Signed For/Recorded’ postal service to ensure the products are returned to us safely.
iv) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
v) Please note, The Partnership holds no liability for any items returned that go missing/become damaged in the post or via the resepctive courier service chosen by you.
9.19 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
9.20 It is the buyer’s (consumer or trade) responsibility to order hair in advance of their/the clients fitting appointment. CrownCouture will not be held liable for the cost of fitting/removal services, as a result of hair being found to be faulty or defective, and/or not arriving on time due to delivery delays.
CONSUMER IN-STORE PURCHASES
9.21 For Hygiene, Health and Safety reasons no hair extensions, hair pieces, or hair care products may be accepted by return in store unless found to be defective at the date of sale.
9.22 It is the responsibility of the buyer to check the quality and colour of the hair/product before leaving the store as The Partnership offers a no refund policy for all in-store purchases.
9.23 The Partnership may consider an exchange on Products at their discretion; however, the buyer must return the item within 14 (fourteen) days, guaranteeing it is in its original condition- any item that has been opened and exposed to handling and worn and is visibly damaged due to handling, or unravelled, will not be accepted for an exchange. Exchanges in-store can be made as long as the hair is returned with an original proof of purchase (receipt).
9.24 Any faulty hair must be reported in writing to The Partnership within 14 days of receipt of the item in order for the team to consider the said product fault. We must receive the said faulty item back within seven days of the complaint being made – it will then be examined and inspected.
9.25 The right to an exchange or a refund will not apply to any defect in the Products arising from:
i) fair wear and tear;
ii) chemical or heat damage;
iii) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
iv) if you fail to operate or use the Products in accordance with the user instructions;
v) any alteration or repair by you or by a third party who is not one of our authorised repairers; or any specification provided by you.
vi) use of other formulas on the hair – CrownCouture aftercare products must be purchased at the time of purchasing the extensions.
9.26 All CrownCouture hair/hair pieces MUST be used in conjunction with CrownCouture Hair Care products. Should the buyer choose not to purchase the CrownCouture Hair Care Programme products, The Partnership cannot be held responsible for the hair/hairpiece. We cannot guarantee the quality of any CrownCouture extensions with other formulas. Aftercare products must be purchased at the time of purchasing the extensions. Any hair returned to be tested for alleged quality issues must be accompanied by original proof of purchase for both the extensions and aftercare.
9.27 The Partnership will not look at any hair extensions or pieces that have been coloured, toned, tinted, silver/purple shampooed, permed or chemically damaged. All hair must be returned in its original product colour. Goods are not considered faulty if their condition deteriorates due to poor hair management or poor application of extensions. If no fault is present, or the hair has been damaged or coloured in any way by the customer, the goods will be returned to the customer and we will not refund or replace the goods
9.28 The Partnership will not look at any hair pieces that have been cut or altered in any way – this includes heat styling.
9.29 The Partnership will not look at, or be held responsible for, hair extensions that may have discoloured on holiday. Multiple elements abroad can cause severe discolouration of hair and therefore we always recommend the extensions are removed before going on holiday.
9.30 Please note that this exchange right does not apply in the case of any custom-made Products. All sales of custom-made items are final.
9.31 It is the buyer’s (consumer or trade) responsibility to order hair in advance of their/the clients fitting appointment. CrownCouture will not be held liable for the cost of fitting/removal services, as a result of hair being found to be faulty or defective, and/or not arriving on time due to delivery delays.
10. BUSINESS ONLINE PURCHASES
10.1 This clause 10 only applies if you are a business customer. If you are buying goods for your business, salon or for the purpose to apply them to another individual in the course of your work, it is a business to business transaction and as such is exempt from the Distance Selling regulations. The T&Cs below are stipulated solely for all of our business customers.
10.2 As a business customer benefiting from a discounted rate of supply Products, if you decide to return the Products purchased you will only be entitled to an exchange or credit note to the value of the Products ordered (minus the postage costs). This credit is non-refundable.
10.3 If you are returning the Products to us because they are faulty or mis-described on arrival, we will refund the price of a defective Product in full or replace the product. Please note: the images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images. This does not mean that the item is defective or mis- described. However, if you are confident that you have received the item in a wrong colour, please contact our customer service team to see if an exchange is possible.
10.4 The right to a credit note or exchange is only applicable provided the product is returned in its original condition and packaging within 14 days of receipt of the item. Please note that any Product which has been detached from its packaging, unravelled and/or exposed to handling or wear and/or is visibly damaged due to handling will not be accepted due to hygiene reasons and will be returned to the buyer at the buyers cost.
10.5 We are unable to replace or exchange an item until the original parcel is returned to CrownCouture. If you need an item in a hurry, we suggest you place a new order for the new item and send the original item back at a later date.
10.6 Any faulty hair must be reported in writing to The Partnership within 14 days of receipt of the item. We must receive the said faulty item back within seven days of the complaint being made – it will then be examined and inspected.This is due human hair being a consumable item during wear. The right to an exchange, refund or a credit note will not apply to any defect in the Products arising from:
i) fair wear and tear;
ii) chemical or heat damage;
iii) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
iv) if you fail to operate or use the aftercare products in accordance with the user instructions;
v) any alteration or repair by you or by a third party who is not one of our authorised repairers; or any specification provided by you.
vi) use of other formulas on the hair – CrownCouture aftercare products must be purchased at the time of purchasing the extensions.
10.7 All CrownCouture hair/hair pieces MUST be used in conjunction with CrownCouture Hair Care products. Should the buyer choose not to purchase the CrownCouture Hair Care Programme products for their clients, The Partnership cannot be held responsible for the hair once installed. We cannot guarantee the quality of any CrownCouture extensions with other formulas. Aftercare products must be purchased at the time of purchasing the extensions. Any hair returned to be tested for alleged quality issues must be accompanied by original proof of purchase for both the extensions and aftercare.
10.8 The Partnership will not look at any hair extensions or pieces that have been coloured, toned, tinted, silver/purple shampooed, permed or chemically damaged. All hair must be returned in its original product colour. Goods are not considered faulty if their condition deteriorates due to poor hair management or poor application of extensions. If no fault is present, or the hair has been damaged or coloured in any way by the customer, the goods will be returned to the customer and we will not refund or replace the goods. We must receive the said faulty item back within seven days of the complaint being made, this will then be examined and inspected. Please note the testing of faulty items can take up to 30 days.
10.9 The Partnership will not look at any hair pieces that have been cut or altered in any way – this includes heat styling.
10.10 The Partnership will not look at, or be held responsible for, hair extensions that may have discoloured on holiday. Multiple elements abroad can cause severe discolouration of hair and therefore we always recommend the extensions are removed before going on holiday.
10.11 Please note that cancellation rights do not apply in the case of any custom-made products. All sales of custom-made items are final.
10.12 Provided returns and exchanges meet our terms and conditions, you will (where applicable) receive and email from us with a credit note voucher code to be redeemed at a time convenient to you or your revised item will be dispatched as soon as possible. We will process the credit note due to you as soon as possible and, in any case, within 30 calendar days of the day on of receipt of your returned items. If you returned the Products to us because they were faulty or mis-described, please see clause 10.3.
10.13 If you are returning a product for a credit note or exchange:
i) returns will not be accepted without prior approval from CrownCouture. You must contact us on info@crowncouture.co.uk within 7 (seven) days of receipt of the Products should you wish to return them for an exchange or credit note to CrownCouture, 10 William Street, Edinburgh, EH3 7NH.
ii) you must return the Products to us within 14 (fourteen) days of receipt of the item;
iii) you must return your items with the original proof of purchase and the CrownCouture exchange/credit note form
iv) you will be responsible for the cost of returning the Products to us; the item/s must be delivered to us via a ‘Signed For/Recorded’ postal service to ensure the products are returned to us safely.
v) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
vi) Please note, The Partnership holds no liability for any items returned that go missing/become damaged in the post or via the resepctive courier service chosen by you.
10.14 For exchanged items you may be asked for a nominal fee as a contribution towards any additional postage of shipping, depending on which shipping method you require.
10.15 It is the buyer’s (consumer or trade) responsibility to order hair in advance of their/the clients fitting appointment. CrownCouture will not be held liable for the cost of fitting/removal services, as a result of hair being found to be faulty or defective, and/or not arriving on time due to delivery delays.
BUSINESS INSTORE PURCHASES
10.16 For Hygiene, Health and Safety reasons no hair extensions, hair pieces, or hair care products may be accepted by return in store unless found to be defective at the date of sale.
10.17 It is the responsibility of the buyer to check the quality and colour of the hair/product before leaving the store as The Partnership offers a no refund policy for all in-store purchases.
10.18 The Partnership may consider a credit or exchange on Products at their discretion (whether consumer or business customer); however, the buyer must return the item within 14 (fourteen) days, guaranteeing it is in its original condition- any item that has been opened and exposed to handling and worn and is visibly damaged due to handling, or unravelled, will not be accepted for an exchange. Exchanges in-store can be made as long as the hair is returned with an original proof of purchase (receipt) and the relevant card is provided in-store. The credit given is non-refundable.
10.19 Any faulty hair must be reported in writing to The Partnership within 14 days of receipt of the item in order for the team to consider the said product fault. We must receive the said faulty item back within seven days of the complaint being made – it will then be examined and inspected.
10.20 The right to an exchange or a refund will not apply to any defect in the Products arising from:
i) fair wear and tear;
ii) chemical or heat damage;
iii) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
iv) if you fail to operate or use the Products in accordance with the user instructions;
v) any alteration or repair by you or by a third party who is not one of our authorised repairers; or any specification provided by you.
vi) use of other formulas on the hair – CrownCouture aftercare products must be purchased at the time of purchasing the extensions.
10.21 All CrownCouture hair/hair pieces MUST be used in conjunction with CrownCouture Hair Care products. Should the buyer choose not to purchase the CrownCouture Hair Care Programme products, CrownCouture cannot be held responsible for the hair/hairpiece. We cannot guarantee the quality of any CrownCouture extensions with other formulas. Aftercare products must be purchased at the time of purchasing the extensions. Any hair returned to be tested for alleged quality issues must be accompanied by original proof of purchase for both the extensions and aftercare.
10.22 The Partnership will not look at any hair extensions or pieces that have been coloured, toned, tinted, silver/purple shampooed, permed or chemically damaged. All hair must be returned in its original product colour. Goods are not considered faulty if their condition deteriorates due to poor hair management or poor application of extensions. If no fault is present, or the hair has been damaged or coloured in any way by the customer, the goods will be returned to the customer and we will not refund or replace the goods.
10.23 The Partnership will not look at any hair pieces that have been cut or altered in any way – this includes heat styling.
10.24 The Partnership will not look at, or be held responsible for, hair extensions that may have discoloured on holiday. Multiple elements abroad can cause severe discolouration of hair and therefore we always recommend the extensions are removed before going on holiday.
10.25 Please note that this exchange right does not apply in the case of any custom-made Products. All sales of custom-made items are final.
10.26 It is the buyer’s (consumer or trade) responsibility to order hair in advance of their/the clients fitting appointment. CrownCouture will not be held liable for the cost of fitting/removal services, as a result of hair being found to be faulty or defective, and/or not arriving on time due to delivery delays.
11. DELIVERY
11.1 Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
11.2 Delivery will be completed when we deliver the Products to the address you gave us.
11.3 Delivery of goods shall take place at the delivery location. It is the buyer’s responsibility to ensure the address of the delivery location is accurate. The Partnership will not be held responsible if the delivery location is incorrect.
11.4 The Products will be your responsibility from the completion of delivery.
11.5 The Partnership cannot be held responsible for any delays in delivery of items due to factors out-with their control, for example, courier or postal services not fulfilling their guaranteed services or estimated delivery times. In the event that items are guaranteed for next day delivery, and they do not arrive on time, The Partnership will attempt to claim back delivery costs incurred.
11.6 All high cost deliveries, including all hair deliveries, are sent on a Special Delivery Guaranteed service due to the value of the goods. Where The Partnership is left in dispute between Postal service/courier and customer (e.g. where the courier details items have been delivered and signed for at the relevant address), The Partnership will not be held liable and cannot replace goods until an investigation has been launched and resolution has been reached and claim accepted. In these instances, The Partnership will make every attempt to recover and return the cost of the goods to the customer. Please be advised that claims can take up to 30 days to resolve.
11.7 You own the Products once we have received payment in full, including all applicable delivery charges.
11.8 Orders must be placed by 2pm for same day dispatch. If an order is placed before 2pm, and should you wish to add to your order additional items after 2pm, these will go out separately the next Working Day.
11.9 During holidays and busy periods (e.g Christmas and New Year), The Partnership cannot be held responsible for delays in delivery times due to postal/courier back logs. Please take note of Christmas and New Year Royal Mail operating times as this can affect posting dates. Please ensure orders are placed in plenty of time to avoid unforeseen delays.
12. INTERNATIONAL DELIVERY
12.1 We deliver internationally. However there are restrictions on some Products for certain International Delivery Destinations, so please contact us (info@crowncouture.co.uk) directly before placing an order and we will be happy to help you with delivery to your required destination.
12.2 If you order Products from our site for, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
12.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
12.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
13. PRICE OF PRODUCTS AND DELIVERY CHARGES
13.1 The prices of the Products will be as quoted on our site from time to time. The price of Products is shown in pounds sterling (GBP). We take reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 13.5 for what happens in this event.
13.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
13.3 The price of a Product includes VAT at the applicable current rate chargeable in the UK for the time being. 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 Products in full before the change in VAT takes effect.
13.4 The price of a Product does not include delivery charges. Our delivery services available are below and are charged according to the weight of the Products orders:
– Royal Mail Special Delivery – Guaranteed by 1pm or Guaranteed by 9am
– Royal Mail Signed For – First or Second Class
– FedEx courier
13.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions.
13.6 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 Products to you at the incorrect (lower) price.
14. HOW TO PAY
14.1 You can only pay for Products in cash or using a debit card or credit card. We accept the following cards: Visa credit card, Visa debit card, DELTA debit card, Visa Electron, Mastercard debit/credit and Maestro debit.
14.2 Payment for the Products and all applicable delivery charges is in advance and cleared funds must be received in our account prior to dispatch of your order.
14.3 If you wish to use someone else’s credit card to process an order, you must obtain the credit card holder’s full consent. We reserve the right to request the prior written authorisation of the credit card holder before any payments are processed and Products are dispatched to you.
15. OUR LIABILITY IF YOU ARE A BUSINESS
15.1 This clause 15 only applies if you are a business customer.
15.2 We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes unless you have notified The Partnership before proceeding.
15.3 Nothing in these Terms limit or exclude our liability for:
i) death or personal injury caused by our negligence;
ii) fraud or fraudulent misrepresentation;
iii) of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or defective products under the Consumer Protection Act 1987.
15.4 Subject to clause 15.3, we will under no circumstances whatever be liable to you, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
i) any loss of profits, sales, business, or revenue;
ii) loss or corruption of data, information or software;
iii) loss of business opportunity;
iv) loss of anticipated savings;
v) loss of goodwill; or
vi) any indirect or consequential loss.
15.5 Subject to clause 15.3 and clause 15.4, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Products purchased by you to which our liability relates.
15.6 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
16. OUR LIABILITY IF YOU ARE A CONSUMER
16.1 This clause 16 only applies if you are a consumer.
16.2 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, 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.
16.3 We only supply the Products 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.
16.4 We do not in any way exclude or limit our liability for:
i) death or personal injury caused by our negligence;
ii) fraud or fraudulent misrepresentation;
iii) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
iv) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and defective products under the Consumer Protection Act 1987.
17. EVENTS OUTSIDE OUR CONTROL
17.1 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 17.2.
17.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs 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.
17.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
i) we will contact you as soon as reasonably possible to notify you; and
ii) our obligations under a Contract will be suspended and the time for performance of our obligations – will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
18. COMMUNICATIONS BETWEEN US
18.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
18.2 If you are a consumer:
i) To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you must contact us in writing by sending an e-mail toinfo@crowncouture.co.uk or by sending a letter to CrownCouture, 10 William Street, Edinburgh, EH3 7NH. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
ii) If you wish to contact us in writing for any other reason, you can send this to us by e-mail or by pre-paid post to CrownCouture, 10 William Street, Edinburgh, EH3 7NH or info@crowncouture.co.uk.
If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
18.3 If you are a business:
i) Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid post or other next working day delivery service, e-mail, or posted on our website.
ii) A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if sent by e-mail, one Business Day after transmission; or, if posted on our website, immediately.
iii) 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 e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
18.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
19. OTHER IMPORTANT TERMS
19.1 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 Terms.
19.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing
19.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms
19.4 Each of the paragraphs of these Terms 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.
19.5 If we fail to insist that you perform any of your obligations under these Terms, 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.
19.6 If you are a consumer, please note that these Terms are governed by Scots law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by Scots law. You and we both agree to that the courts of Scotland will have non-exclusive jurisdiction. However, if you are a resident of England and Wales, you may also bring proceedings in England.
19.7 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Scotland.
19.8. If you are a business, we both irrevocably agree that the courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
19.9 We will not file a copy of the Contract between us.