General Application Details
The terms and conditions described on this page apply to all items transactions on this website. By proceeding to place an order on this site you are confirming that you are over 18 years of age and a UK resident. In our efforts to prevent identity fraud we may require you to confirm your identity when placing an order, if we have reasons to believe there is an irregularity. De-labelled reserves the right to alter or amend terms and conditions, charges for delivery or certain types of credit cards, to accept or reject orders, or with prior notice, to cancel a transaction.
General
- § All measurements are approximate.
- § The reproduction of colours is as accurate as the photographic and production process will allow.
- § All matters concerning and incidental to any offer or agreement for the purchase and sale of goods from our website shall be in English and construed and governed according to English law and the English courts shall have jurisdiction in all such matters.
- § The reductions shown in the promotions section are reductions from previous prices charged on the website or offers we received from our suppliers and are passing on to our customers. Please contact Customer Services for further information by using the Contact form.
1. The Order process
- Display of products on our website is an invitation to treat and not an offer to sell those goods to you.
- An offer is made when you place the order for your products, however we will not have made a contract with you unless and until we accept your offer. (see point 5 below)
- We take payment from your card, when we process your order have checked your card details. Goods are subject to availability. If we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given if you have already paid for the goods.
- If you enter a correct e-mail address we will send you an order acknowledgement e-mail and order update e-mail(s). These are not order confirmation or order acceptance from us.
- Unless we have notified you that we do not accept your order or you have cancelled it, order acceptance and the creation of the contract between you and us will take place at the point the goods you have ordered are despatched from our warehouse to be delivered to the address you have given us. It does not take place until that stage, even though we may have debited your card (see 3 above) or sent acknowledging e-mails (see 4 above)
- The contract will be formed at the place of despatch of the goods.
- All orders that you place on this website will be subject to acceptance in accordance with clause 5 of these terms and conditions.
- We do not file details of your order for you to access and so please print out these terms and conditions and the order acknowledgement for your own records. If you require any information about orders you have placed with us please email us at sales@de-labelled.co.uk
2. Basis Of The Sale
- The Company shall sell and the Customer shall purchase the Goods in accordance with these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions made or purported to be made by the Customer.
- The Customer agrees and acknowledges that the Contract for the Goods shall be between the Company and the Customer to the exclusion of all other parties and any contractual disputes arising from the Contract shall be between the Customer and the Company to the exclusion of all other parties.
- Any typographical, clerical or other error or omission in any invoice, sales literature or on the website or information issued by or on behalf of the Company shall be subject to correction without any liability on the part of the Company.
3. Variation
All terms of the Contract between the Customer and the Company are contained in these Conditions. No representations or warranties are made or given by or on behalf of the Company save as appear herein. No variation or addition to the Contract shall have effect unless agreed in writing and signed by a Director of the Company and a fully authorised representative of the Customer. No alleged oral agreement will be accepted.
Payments
Payment may be made by any of the methods indicated on our website. We accept all major credit and debit cards (all cards that are acceptable to Paypal). The card must be registered to the delivery address. We are unable to accept Cards that are due to expire within the next 5 days. Card details are checked and verified by a third party and goods are despatched once authorisation has been obtained.
Availability
All orders for products are subject to availability. We are not bound by any glitches in our systems that may indicate that an item is in stock, if we have somehow run out of stock. This may happen when what is left in stock is not in the condition that we expect to sell the goods in.
Delivery
All goods are delivered by courier and we aim to deliver 10 working days after receiving your order. We will let you know as soon as we can if there is likely to be a delay.
A signature may be required to acknowledge delivery. The signature of the person accepting delivery at the delivery address will be proof that delivery has been received by you or the person, to whom the order is addressed.
Your order will be delivered in our plain packaging. Our delivery charge is based on postal rates and we aim to limit delivery costs to a fixed amount no matter the size of your order. (Please check the website and this page for updates)
Delivery charges for items relates to delivery addresses within mainland UK, (Northern Ireland, Isle of Man, Channel Islands, Scottish Islands, Scilly Islands and other offshore islands). With the exception of BFPO addresses we do not deliver outside the United Kingdom.
Cancellations
Please note that cancellations and changes are only possible up to 48 hours after an order is place and before we notify the delivery of your order (see also returns section below).
Alteration To Order
Following the order of the Goods made by the Customer and written confirmation of the order has been issued by the Company, the Customer shall not be permitted to make any alterations to the order.
Returns
As a small business and given our position in the fashion business, we do not accept returns. (Please take time to reflect on the items you wish to order before placing your order). For the only exceptions, please see below.
- Order with credit/debit cards Returns (Exceptions)
- Returns are charged at £4.50. (If you return any part of your order, please note that we’ll retain the delivery charge).
Exceptions
We will accept returns and exchange damaged goods, but we do our level best to ensure the quality of garments leaving our premises. In addition we conduct random second checks on garments before they are shipped and note this on record and will confirm in the first instance that any returns has not been double checked and noted on record before dispatch to the customer. You must return items within 3 days of receipt in a new and unused condition (please note that garments will be tested for traces of sweat). If goods are not returned in the condition described above we may retain the item(s) and / or not refund any part of its cost. In this situation the customer will be required to pay for delivering the item back to their address.
Please do not return any garments until you have spoken to a member of our staff and they have confirmed in writing (email) that such items can be returned. You will be given a return number and this must be quoted at all times (on the returned items and while making enquiries)
Risk and Title
- All risks, damage or loss to Goods shall pass to the Customer on delivery. In the event that the Customer fails to take delivery without good reason risk in the Goods shall also be deemed to have been passed to the Customer at the time of attempted delivery. The Customer must ensure that the Goods will be stored at a dry and secure location.
- Notwithstanding delivery or any other provision of these Conditions, the title and ownership in the Goods shall not pass to the Customer until the Company has received in cash or cleared funds payment in full of the Price. Until ownership has passed the Customer shall hold the Goods on a fiduciary basis as the Company's bailee and must maintain the Goods in satisfactory condition and keep them insured on the Company's behalf.
Guarantee/Warranty
- Company is not the manufacturer of the Goods, but the Company shall use its reasonable endeavours to transfer to the Customer the benefit of any warranty or guarantee given to the Company.
- The Company warrants that subject to the other provisions of these Conditions upon delivery the Goods shall be of satisfactory quality within the meaning of the Sale of Goods Act 1979.
- The Company shall not be liable for a breach of the above warranty:
- if the Customer fails to give prompt written notice of any defect to the Company; or
- if the Customer does not allow the Company a reasonable opportunity to inspect the Goods after receiving such notice, or.
- if the Customer makes any further use of the Goods after giving such notice; or
- if the defect arises because the Customer's mis-use, general wear and tear or if the Customer failed to follow the Company's oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods; or
- if the Customer such Goods without the written consent of the Company; or
- The following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Customer in respect of: any breach of these Conditions;
- any use made by the Customer of any of the Goods, or of any product incorporating any of the Goods; and
- any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
- All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
- The Guarantee/Warranty does not affect the Customer's legal rights and, for the avoidance of doubt, nothing in these conditions excludes or limits the liability of the Company: for death or personal injury caused by the Company's negligence; or
- under section 2(3), Consumer Protection Act 1987; or
- for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or
- for fraud or fraudulent misrepresentation.
- Subject to clauses 11 (vii) and (viii): the Company's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Price; and
- the Company shall not be liable to the Customer for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
- The Guarantee/Warranty will be binding on the Company in respect of the following Goods and the following periods from the date of delivery: 6 years in respect of carcasses; and
- 2 years in respect of kitchen unit doors and kitchen furniture.
Termination
- Without prejudice to any other provision in these Conditions and without prejudice to any rights or remedies either party may have against the other the Contract shall terminate immediately and the Customer's right to possession of any Goods shall terminate immediately if the Customer has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof or a resolution is passed or a petition presented to any court for the winding-up of the Customer or for the granting of an administration order in respect of the Customer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Customer or the Customer suffers or allows any execution, whether legal or equitable, to be levied on his/its property or obtained against him/it or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986.
- The accrued rights of the parties as at termination shall not be affected.
- On termination the Customer shall be liable to pay all outstanding and unpaid invoices and the Company shall be entitled to raise an invoice for Goods manufactured but not invoiced and such invoice(s) shall become due for payment immediately on receipt by the Customer.
Force Majeure
The Company shall not be liable to the Customer under the Contract in any way whatsoever for destruction, damage, delay or inability to carry out its business arising out of war or civil commotion, strikes, lockout and industrial disputes, failure of utility service or transport network, fire, storm, explosion, floods or bad weather, breakdown of machinery or plant, malicious damage, compliance with any law governmental order rule direction or regulation or any act of God or default of suppliers or sub-contractors. The Company shall further be under no liability to the Customer for any circumstances beyond the Company's control.
Assignment
The Company may assign the Contract or any part of it to any person, firm or company but the Customer shall not be entitled to assign the Contract.
General
- Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not.
- If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
- Failure or delay by the Company in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract. And any waiver by the Company of any breach of, or any default under, any provision of the Contract by the Customer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
- The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
Communications
- All communications between the parties about the Contract shall be in writing and delivered by hand or sent by pre-paid first class post, sent by fax or sent via electronic communication ("email"):
- (in case of communications to the Company) to its registered office or such changed address as shall be notified to the Customer by the Company; or
- (in the case of the communications to the Customer) to the address overleaf.
- Communications shall be deemed to have been received: if sent by pre-paid first class post, two days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting); or
- if delivered by hand, on the day of delivery; or
- if sent by fax or email on a working day prior to 4.00 pm, at the time of transmission and otherwise on the next working day.
Jurisdiction
The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
THESE TERMS AND CONDITIONS DO NOT IN ANY WAY AFFECT YOUR STATUTORY RIGHTS
