Terms and Conditions
When using this Website (www.yourcustomclothes.co.uk), it is important that you understand the Terms and Conditions set out below before you agree to them. This page, along with the documents referred to within, tells you about the legal Terms and Conditions on which we sell any of the products listed on our website to you. Your Custom Clothes is a trading name of KPN Merchandise LTD.
1 DEFINITIONS AND INTERPRETATION
1.1 In these Terms and Conditions:
“Contract” - means any contract for the sale of goods and/ or the supply of services between us and you into which these Conditions are incorporated;
“Conditions” - means the standard terms and conditions of sale set out below, the documents referred to on this page and any special terms and conditions confirmed in writing by us;
“Goods” - means the goods and/or services which we shall supply in accordance with these Conditions, under an order which is accepted;
“we” - means KPN Merchandise Ltd., company no. 12241883, registered address: Options House, Atkin Street, Worsley, Manchester, United Kingdom, M28 3DG. The terms “us” and “our” and shall be construed accordingly;
“you” - means the person placing an order for the Goods and entering into the Contract with us. The word “your” shall be construed accordingly;
“Website” - means www.yourcustomclothes.co.uk;
1.2 By placing an order and/ or using our Website, you agree to be bound by these Terms and Conditions.
1.3 Nothing in these Terms and Conditions shall affect your statutory rights as a Consumer.
1.4 These Terms and Conditions shall prevail over any other documentation or communication from you. Any variations to these Terms and Conditions shall be inapplicable unless expressly agreed in writing by us.
1.5 We may amend the Terms and Conditions occasionally, and you are advised to check them regularly for any changes that we make and to keep a copy for your own records.
1.6 These Terms and Conditions and any Contracts will be subject to English law, and any legal disputes arising under or connected to them will be decided by the English courts.
1.7 If any clause or section of these Terms and Conditions or Contract are to be found in any way to be void by a Court or other competent authority, then all other clauses and sections shall continue to apply.
1.8 Any Contract formed 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.
1.9 A person who is not a party to the Contract shall have no right under the Contracts (Right 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 that exists or is available otherwise than under that Act.
2.1 All orders for Goods shall be deemed to be an offer from you to purchase Goods pursuant to these Terms and Conditions and are subject to our acceptance. We reserve the right to not accept an order for any reason.
2.2 Where the Goods ordered by you are not available from stock, we shall notify you and you will be given the option to either wait until the Goods are available from stock or to cancel the order and receive a full refund within 28 days.
2.3 Promotional and discount codes are subject to its own individual Terms and Conditions for use, in conjunction with these Terms and Conditions. We hold the right to withdraw, withhold or cancel the promotional code at any time.
2.4 The price of the Goods shall be that stipulated on the Website. The price is inclusive of VAT and listed in pounds sterling, if relevant.
2.5 The total purchase price for the Goods and Services, including VAT and delivery costs (if relevant), will be displayed in your shopping cart/ checkout prior to confirming the order.
2.6 Payment of the price (including any VAT additions and delivery costs) must be made at the point of ordering.
2.7 We must receive payment for the Goods in full, cleared payments (including but not limited to VAT and delivery costs) before they are dispatched.
2.8 We take all reasonable care to ensure that any listed prices indicated to you are accurate, but we may amend prices at any time. If we discover an error in the price of Goods you have ordered, we will inform you as soon as possible and give you the option of re-confirming the order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled, and will refund your order in full.
2.9 If after successful delivery, we discover that there is a clear pricing error in the Goods that you should reasonably be aware of, and that the error is a genuine mistake on our part; we shall reserve the right to send an invoice at the correct price to the provided delivery address, and you will be liable to pay for the full price of Goods and services. This does not supersede your rights under 4.12.
2.10 If an invoice is sent to you, under 2.9, the document will also outline the process and method in which you will be able to pay.
2.11 We offer payment methods through Stripe, for those ordering through our Website; and we offer payment methods through Zettle, for those ordering through the telephone.
3.1 Goods will only be dispatched to locations within the United Kingdom.
3.2 We aim to dispatch the Goods within 5 to 10 working days, from the time that we receive full, cleared payments.
3.3 In the event that we are unable to complete delivery within the time frame given in 3.2, we will aim to take reasonable steps to inform you as soon as possible through email and provide an amended delivery estimate.
3.4 Unless expressly stated otherwise, delivery of Goods will amount to £5.99 per order.
3.5 In the case of exceptions to our standard delivery cost, the correct additional cost for delivery will be clearly visible on the Good’s description on our Website and in the shopping basket menu, prior to confirming the order. In the case of telephone order, we will take reasonable steps to make clear to you the correct delivery cost total prior to order confirmation.
3.6 Ownership of the Goods will only pass to you upon delivery of the Goods to you or to a third-party collecting on your behalf. Risk of damage to or loss of the Goods shall likewise be passed to you at this time. This means the Goods shall be your responsibility from this point.
3.7 If your order contains multiple products, we do not guarantee that all Goods will be delivered to you in one delivery, and we reserve the right to deliver in multiple consignments.
3.8 We reserve the right to make alternative arrangements for delivery, which will depend upon the carrier we use to deliver the Goods. This may include leaving the Goods with a neighbour or in a safe place in or around your property.
3.9 If the Goods are not delivered on the expected date, you should notify us of such non-delivery within 14 days of such failure of delivery.
4 CANCELLATION AND RETURNS
4.2 You have a statutory right to cancel the Contract (subject to specific exceptions described below) without giving any reason within 14 days after you receive the Goods. This period is termed as the “Cancellation Period”. If the Contract comprises multiple Goods, the Cancellation Period begins upon the delivery of the final item.
4.3 You can cancel the Contract by emailing us at [email protected]; by post to The Blanks Shop, 25 Holyoake Road, Walkden, Worsley, Manchester M28 3DL; or by telephone. You should keep evidence of having given notice of cancellation, such as an email receipt.
4.4 You must return the Goods to us or a third-party elected by us (at your own risk and cost) within 14 days of notifying us that you wish to cancel, by means of recorded delivery or courier.
4.5 Complete instructions and guidance on returning Goods, including the relevant recipient address, will be provided after order confirmation; they will also be included with the Goods upon delivery.
4.6 The Goods must be returned unused, with all tags attached and in good condition with the original packaging and labelling.
4.7 For hygiene purposes, if items including (but not limited to) headguards, socks or undergarments are worn or removed from packaging, this removes the right to return these items and no refunds will be processed.
4.8 We reserve the right to make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you. This does not limit our right to not accept returns, if the Goods do not fulfil the conditions outlined in 4.4.
4.9 If the Contract is cancelled and terms of cancelation are accepted by us, we will arrange for a refund of the Goods returned within 14 days of us receiving the Goods or proof of postage of those Goods.
4.10 The refund described in 4.9 will amount to the total value of the returned Goods, at the time of your purchase. If all Goods of the Contract are returned, you will be eligible for a refund covering the original delivery costs (as paid for at time of your purchase).
4.11 We warrant that the Goods that we supply are of satisfactory quality, are fit for the purpose for which Goods of that nature are commonly supplied, and are described to a reasonably accurate degree by us.
4.12 If the Goods do not satisfy the conditions outlined in 4.11, you have a legal right to reject these Goods within 30 days after your receipt of the Goods. The fault, flaw or issue relied upon as a basis for rejection must not have arisen after the ownership (and liability) has been passed to you.
4.13 In rejecting Goods, under your rights described in 4.12, you agree to notify us of the action and relevant Goods within the 30 day period by means of emailing [email protected]. Within the notification, you will need to describe the fault and to include photo evidence.
4.14 Furthermore, in rejecting Goods as described in 4.12, you agree that we may require you to return the rejected Goods to us, at our discretion.
4.15 Unless otherwise agreed upon in writing, the rejected Good relating to 4.14 must be returned within 7 days of our request.
4.16 If Goods are required to be returned as per 4.14, we will provide further instructions specific on how to return the Goods.
4.17 You agree that failure to comply with 4.14 - 4.16 may cause you to waive your rights to any refunds under 4.12.
4.18 If Goods have been rejected due to your rights under 4.12, you will be eligible for a refund, amounting to the full value of the rejected Goods and original delivery costs at the time of purchase.
4.19 If we require for the rejected Goods to be returned to us, we will also reimburse for the costs of return delivery, provided you are able to supply us with sufficient evidence of costs (i.e. a clear image of the receipt from the delivery service) and have followed our returns procedure as per 4.16.
4.20 If Goods are covered under 4.12 and you wish to reject the Goods, we agree to arrange the complete refund within 14 days, starting at the time that we agree in writing that the Goods are eligible for rejection.
4.21 If we agree to refund for Goods under 2.2, 2.8 or 4.12, the amount will be processed and delivered through the same payment method as used to pay for the Goods at the time of purchase.
5 ALTERNATIVE METHODS OF PAYMENT: TELEPHONE PAYMENT
5.1 While we are primarily an online store, you may also place an order over the phone by calling our sales team on 0161 278 1640.
5.2 Our phone lines are open 09:30 - 16:00, Monday to Friday.
5.3 Calls are charged at no more than the standard rate.
5.4 If you place an order, we are not obligated to accept that order. The Contract between you and us will only be formed and completed upon dispatch of the Goods (placing your order over the phone does not constitute our acceptance of your order or of agreement to form a Contract).
5.5 You may include any number of Goods within a single order, subject to any restrictions set out in these Conditions or specified over the telephone. Each order that you place will be treated as a separate Contract.
5.4 We reserve the right to refuse to supply any Goods to any person.
5.5 If you place an order through telephone, you will be asked to provide your delivery address. Keep in mind that we will not be liable for any delay or failure of delivery as a result of your failure to provide accurate address details.
5.6 You will be asked to provide your email address and a correct phone number by which we can contact you.
5.6 We will ask you to confirm that you wish to place your order. By confirming you wish to proceed, you accept these Conditions and acknowledge you will be under an obligation to pay.
5.7 If you place an order through telephone, you will be sent a payment link through Zettle. Here, you will be required to provide payment details. Zettle is a trusted and secure third-party payment method, and we will never have access to any of your payment details. We will not be liable for any delay or failure of delivery as a result of your failure to provide accurate and correct payment details.
5.8 Once we have received confirmation that your payment has been authorised, you will be given an order reference and an acknowledgement of your order to your provided email. This will confirm the Goods, price and delivery charges. You should keep this email for your records. This correspondence does not constitute our acceptance of the order or a contract being formed.
5.9 The Conditions in 5.1 - 5.8 are subject to the Conditions in 2.1 - 3.9.
5.10 Keep in mind that any agreement to amend or disregard any provisions of these Terms and Conditions are inapplicable unless expressly agreed to in writing by us.
6 USE OF WEBSITE
6.1 www.yourcustomclothes.co.uk is aimed at consumers. The information on this Website is in English, all communications will 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-compliant with any local advertising or other laws in relation to this Website or its content.
6.2 www.yourcustomclothes.co.uk is operated by us.
6.3 The copyright and other ownership rights (known as “intellectual property rights”) in this Website and its content (including design, text, logos, trade names, graphics, software and any other material) are owned by us or our licensors. You must not (nor allow anyone else to) publish, copy, distribute or modify any of the content of this Website. 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.
6.4 You must not in any way copy, reproduce or use any trademarks, logos or brand names that 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.
6.5 We may change, remove or adapt the content of our Website at any time and without advance notice.
6.6 We are under a legal duty to supply Goods that are in conformity with the Contract and we aim to ensure that the product images on our Website are as accurate as possible, but there may be slight variations (such as colour) between the Goods and the image shown online.
7.1 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 that 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.
7.2 We are not responsible to you for loss or damage of a kind that we could not reasonably have foreseen, which results from you misusing the Goods, or loss and/ or damage as a result of wear or tear or otherwise from a Good which is damaged after it was delivered to you.
7.3 We will not be in any way responsible to you for a failure to sell Goods that you wish to buy.
7.4 Many of the Goods that we offer for sale are designed for specific use and are unsuited for general use or non-intended purposes. You should therefore satisfy yourself that the items are suitable for the type of activity and purpose that you wish to use them for.
7.5 We are not liable for any loss or damage that occur as a result of events beyond our control and cannot be reasonably foreseeable by us, such as acts of God (e.g. floods, strikes, fires).
7.6 We have taken great care in compiling this Website but neither we nor our directors, employees or other representatives 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 that 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 that we provide is not intended to be advice you should rely on. The information contained on this Website is provided on an ‘as is’ basis. To the fullest extent which the law allowed, we exclude all warranties and representations of any kind with respect to this Website and its contents.
7.7 We do not guarantee that this Website will always be available or be free from error, virus or similar.
7.8 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.
8 OUR RIGHTS IN THE GOODS
8.1 All intellectual property rights in the Goods including all designs, trademarks, brand names, images and logos are and shall remain our property, or those of our licensors.
8.2 At no time shall any rights, title or interest in the intellectual property rights pass to you.
9 CONTACT INFOMATION
All email communication: [email protected]
Address: 25 Holyoake Road, Walkden, Worsley, Manchester M28 3DL
Telephone: 0161 278 1640
VAT number: 337657078
Registered number: 12241883