TERMS AND CONDITIONS
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.
- General provisions
- These Terms and Conditions specify the general conditions and ways of provision of services electronically and selling via the Online Shop www.wearraphael.com .
- The Shop is operated by Seller – Wear Raphael LTD, 282 Lincoln Road, PE1 2ND Peterborough, England, email@example.com .
- These Terms and Conditions are always available at the website www.wearraphael.com, which allows to download, display and record their contents by printing or saving them to a data carrier at any time.
- Before proceeding with an order you will be required to show that you have read and understood the following terms and conditions.
- The Customer is obliged to:
- provide in the Order and in the registration forms, only true, up-to-date and all necessary data of the Customer and promptly update the data;
- use the services made available by the Seller in a way that it does not interfere with the functioning of the Seller, the Online Shop and other Customers;
- use the services made available by the Seller in a manner consistent with the applicable laws, and provisions of the Terms and Conditions.
- Electronic services in the online shop
- The Services are rendered by the Seller free of charge, 24 hours a day, 7 days a week.
- The Seller provides the following Electronic Services:
- under the terms specified in these Regulations;
- Using the Account is possible after completing jointly and severally the following steps by the Customer:
– Completing the registration form and accepting the provisions of these Regulations,
– Clicking on the “Register” box.
- The Agreement for the provision of service which involves maintenance of an Account in the Online Shop shall be concluded for an indefinite period and shall be terminated when the Customer submits a request to remove the account or uses the button “Delete Account”.
- The Newsletter service, provided at the request of the Customer after the conclusion of the Agreement, includes receiving by the Customers who have provided the Service Provider with their e-mail address, by electronic means commercial information regarding the products and services of the Service Provider, including in particular information about their current offer, promotions, discounts and marketing campaigns,
- The Agreement for the provision of the Newsletter service shall be concluded for an indefinite period and shall be terminated when the Customer submits a request to remove his electronic mail address from the Newsletter subscription list or when he unsubscribes by the link included in the message sent as part of the Newsletter service.
- The Agreement for the provision of service which involves enabling Customer to place orders in the Online Shop shall be concluded for a definite period and shall be terminated when the Order is placed through it or when the Customer earlier terminates placing the Order through it.
- The Seller may at any time terminate the Service Agreement with the Customer giving a 14 day notice period for important reasons, understood as a change in the laws governing the provision of electronic services by the Seller affecting the mutual rights and obligations set out in the agreement concluded between the Customer and the Seller, or a change of the scope or provision of services to which the provisions of the Terms and Conditions apply.
- If the Customer breaches these Terms and Conditions, the Seller – after a prior ineffective cease and desist letter setting an appropriate deadline – may terminate the agreement for the provision of Services upon a 14 day notice.
- Our Products
- Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only.
- Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products.
- We may change the product to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
- Orders/Sales Agreement
- You may only purchase Products from us if: you are legally capable of entering into a binding contract with us. By doing so, you confirm that you meet this requirement. We do not sell products for purchase by children.
- All orders for products are subject to availability. If the products you have ordered are not available from stock or will not be readily available from suppliers within 7 working days of your order, we will contact you by email or phone (if you have given us the details). We will make every effort to obtain an estimated delivery date based on information provided from our suppliers but please bear in mind that due to the seasonal nature of some of our product offering, we may not be able to deliver the product ordered.
- Products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order by clicking the “Confirm and Pay” button on the checkout page.
- After placing an order, you will receive an acknowledgment from us that your order has been received. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to buy the Product(s) ordered. All orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept any order. You do, however, acknowledge that by clicking on the “Confirm and Pay” button, you enter into an obligation to pay for the Product(s). Where your order is accepted, this will be confirmed by sending you a confirmation (Order Confirmation). The contract between you and us in relation to the Product(s) ordered (Contract) will only be formed when we send you the relevant Order Confirmation. After entering into the Contract, we will be under a legal duty to supply you with goods that are in conformity with the Contract.
- The Contract will relate only to the Product(s) which have been confirmed in the Order Confirmation.
- The sales Agreement shall be concluded in English.
- Order can be placed 24 hours a day, 7 days a week. The order implies an obligation to pay.
- Price/ Payment
- The price payable for the Products shall be as shown on our site in pounds sterling (GBP). You can also select another currency at the top of the home page.
- The prices shown are inclusive of any value added tax or sales tax. Due to circumstances beyond our control, prices may have to be altered up or down, including any alterations to the rate of value added tax or sales tax. The current price will be shown when you place your order.
- Delivery charges are clearly highlighted throughout the site www.wearraphael.com .
- The Customer may choose the following payment methods:
- online payment – PayPal
- credit or debit cards (Visa, Mastercard, American express)
– for details please check Payments section on our website www.wearraphael.com .
- Online payments are processed by :
– PayPal, ( PayPal (Europe) S.à r.l. & Cie, S.C.A., 5. Etage, 22-24 Boulevard Royal, 2449 Luxembourg .
- When making a payment, the Customer will be informed immediately before making the payment about the amount in which the payment should be made, about the possible methods of its execution and about the data of the payment provider, if the given service is possible. Detailed terms and conditions for making payments through the operators performing electronic payments are available on the website of the given operator.
- When making a payment via an electronic payment operator, the User should follow the instructions given by the operator of electronic payments in order to make a payment.
- The customer agrees that the purchase documents (VAT invoice / receipt) for the order will be sent electronically. The invoice sent to the customer uses the information he entered in his customer account. The customer can edit this data each time he places an order through the website.
- The place of delivery is at the address given by the Customer to the Seller (worldwide). Please check Shipping & Returns section on our website www.wearraphael.com .
- The costs of delivery will be as displayed to you on our website.
- Orders shipped to countries outside the UK/EU may be subject to additional Sales Taxes and Import Duties. The Customer will be responsible for payment of any such import duties and taxes.
- Delivery of the Goods is carried out by parcel delivery company.
- The total waiting time for the Customer to receive the Products (delivery date) consists of the time of preparation of the Order for dispatch by the Seller and the time of delivery of the Product by parcel delivery company.
- The deadline for delivery and processing of the Order shall be calculated per Business Days. On the Shop websites, the Seller informs the Customer about the number of Business Days needed to process the Order and to deliver it, as well as about the delivery charges. The deadline for delivery and processing of the Order shall be calculated per Business Days.
- If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within one month after ordering. In such cases, the Consumer is entitled to repudiate the contract free of charge.
- After repudiation in conformity with the preceding paragraph, the Seller shall return the payment made by the Consumer promptly but at least within 30 days after repudiation.
- The Product(s) ordered will be at your risk from the time of delivery. Ownership of the Product(s) ordered will also pass to you on delivery, provided full payment of all sums due in respect of the Product(s), including any delivery charges, has been received.
- Errors in quantity of the delivered product or damages of the packages must be ascertain when receiving the delivery, with the presence of transportation company representative and notified to the seller as soon as possible.
- Right of withdrawal
- The consumer who has entered into a remote agreement may withdraw without giving a reason and without incurring any costs other than those provided by laws 14 days from from the date of delivery.
- The Customer may compose the declaration by himself or use the form of declaration of withdrawal from Agreement (Appendix No 1). A declaration of withdrawal from the Sales Agreement may be submitted for example in a written form to the address: – Wear Raphael LTD, 282 Lincoln Road, PE1 2ND Peterborough, England, or e-mail : firstname.lastname@example.org .
- The course of time for withdrawal from the Sale Agreement shall commence on the date on which the Product was taken by the Consumer or by a third party designated by him/her other than the carrier and in the case of a Sale Agreement, which:
- includes a great number of Products that are delivered separately, in batches or in parts, since acquiring possession of the last Product, a batch or part, or
- is based on regular delivering Products for a fixed period of time – since acquiring possession of the first of the Products;
- Upon receipt of the Consumer’s declaration of withdrawal from the Agreement, the Seller shall send a confirmation of receipt of the declaration of withdrawal from Agreement to the Consumer’s electronic mail address.
- In the case of withdrawal from a distance Agreement, such an Agreement shall be deemed not concluded. What the parties have rendered shall be returned in an unchanged condition, unless the change was necessary within the scope of the ordinary management, in particular to determine the nature, features and functioning of the item.
- The purchased Goods should be returned to the address of the Seller. Wear Raphael LTD, 282 Lincoln Road, PE1 2ND Peterborough, England.
- The Seller shall immediately, but not later than within 14 days from receipt of the Consumer’s declaration on withdrawal from the Agreement, return to the Consumer all the payments he has made, including the costs of delivery for the Goods. The Seller shall refund the payment with the same method of payment as was used by the Consumer, unless the Consumer agrees to another way of refund, whereas such a refund shall not generate any cost for the Consumer.
- The Seller may withhold the refund of payment received from the Consumer until he receives the returned item or the Consumer provides a proof of its return dispatch, whichever comes first, unless the Seller offered to pick up the item from the Consumer by himself.
- If the form of delivery of the Goods selected by the Consumer is other than the least expensive, regular form of delivery offered by the Seller, the Seller shall not be obliged to refund to the Consumer any additional costs he has incurred. The Customer shall only incur the direct cost of return of the Goods, unless the Seller has agreed to incur that cost.
- Consumer is liable for reducing the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product. Consumer liability may include, in particular, the inability to introduce the Product for sale as a full-fledged Product, the costs of re-placing labels and security elements on the Product, as well as the costs of restoring the Product to a condition enabling its re-introduction for sale in the Online Store, including the costs of testing the Product by a specialist and the costs of removing defects found as a result of such examination (to the extent that these defects result from the use of the Product by the Consumer in a way that goes beyond what is necessary to establish its nature, characteristics and functioning).
- To be eligible for a return, your product must be unused and in the same condition that you received it. It must also be in the original packaging.
- Complaints procedure
- The Seller shall have a sufficiently notified complaints procedure in place, and shall handle the complaint in accordance with this complaint procedure.
- Complaints should be sent to the following address :
Wear Raphael LTD, 282 Lincoln Road, PE1 2ND Peterborough, England, email@example.com .
- If any Product you order is damaged or faulty when delivered to you, you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address and order reference. Nothing in this section affects your legal rights.
- The complaints submitted to the Seller shall be replied within a period of 14 days after the date of receipt.
- In the unlikely event that our Customer Relations team are unable to resolve your complaint, and you are still not satisfied following the conclusion of our complaints handling procedure, you may also refer your complaint to RetailADR (previously ‘The Retail Ombudsman’), which is a certified Alternative Dispute Resolution provider. RetailADR, 33 floor Euston Towers, 286 Euston Road, London, NW1 3DP, Email: firstname.lastname@example.org – Web: www.retailadr.org.uk , Tel: 0203 540 8063 .
- We cannot guarantee that our website will be secure or free from bugs or viruses. You should use your own virus protection software.
- You must not misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Services, the server on which our Services are stored or any server, computer or database connected to our Services. You must not attack our Services via a denial-of-service attack or a distributed denial-of service attack.
- By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your registration and right to use our Services will cease immediately.
- Our responsibility for loss or damage suffered by you
- We are responsible to you for foreseeable loss and damage caused by us If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
- We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- Nothing in these terms and conditions shall limit or exclude our liability to you:
- for death or personal injury caused by our negligence;
- for fraudulent misrepresentation;
- for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded;
- under Part I of the Consumer Protection Act 1987; or
- for any other liability that, by law, may not be limited or excluded.
- We will be not liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control.
- Final provisions
- All content on the www.wearraphael.com website including, without limitation, logos, registered trademarks, text, photographs, images, drawings, models or charts, is protected by UK, European, and International intellectual property laws. None of the content may be downloaded, copied, reproduced, republished, posted, transmitted, stored, sold or distributed without the prior written permission of the copyright holder.
- Users agree that all access and use of this Website www.wearraphael.com and its content is at their own risk. The Seller shall not be held liable in any manner for failures, errors, or computer viruses affecting access to this Website, or any computer malfunctions that occur following Website access. The Seller shall not be liable in any manner for any direct or indirect damages arising out of access to the Website or downloading content including images, text, or video files.
- Our agreement with you is based upon English law and the laws applicable to this agreement are the laws of England and Wales.
- The parties expressly exclude the application of the UN Convention on Contracts for the International Sale of Goods.
- A person who is not a party to these terms and conditions shall have no right to enforce any term under the Contracts (Rights of Third Parties) Act 1999.
- If any provision of these terms and conditions is found to be invalid or unenforceable by a court the invalidity or unenforceability of such provision shall not affect the other provisions of these terms and conditions.
- The Seller reserves the right to modify these terms and conditions. Each Customer shall be informed about any changes to these Terms and Conditions by information available at the homepage of the Online Shop presenting a list of amendments and their effective dates. The Customers who possess an Account shall be additionally informed about the changes and presented with their list by a message sent to their electronic mail address. The effective date for any amendment shall fall at least 14 days after its publication. If the Customer who has a Customer Account does not accept the amended Terms and Conditions, he shall be obliged to notify this fact to the Seller within 14 days from being informed about the amendment of the Terms and Conditions. Notification of non-acceptance of the new Terms and Conditions shall result in termination of the Agreement.
Appendix 1: Standard Form for Withdrawal
(Complete this form and return it only when you want to revoke the agreement on e-mail)
– I/We hereby inform you that I/we wish to revoke our agreement on the sale of the following products: [specification of the product]*
the performance of the following service [specification of the service]*
– Ordered on*/received on* [date of ordering the services or receiving products with number]*
– [Consumer’s name]
– [Consumer’s address]
– [Consumer’s signature] (only when this form is submitted on paper)