TERMS AND CONDITIONS
1. INTERPRETATION AND DEFINITIONS
1.1 In these conditions the following words have the following meanings:
You or Your: the customer
We, Us, Our TheFashionApple.com
Contract: the contract made between You and Us for the sale and purchase of the Goods, which incorporates these Terms and Conditions;
Goods: The items of men’s underwear ordered by You.
2. CREATION OF CONTRACT
All closed contracts as well as deliveries and services shall be liable to these terms and conditions. They shall also apply to all future business relations, even if not expressly re-accepted. Contractor’s acknowledgements referring to his/her own business and/or purchasing terms and conditions will be accepted as long as they do not contradict our own terms and conditions.
Variations of these terms and conditions as well as explanations on our part leading to the closing of a contract shall only be effective upon our written acknowledgement.
2.1 The following steps will need to occur and apply in order for a Contract to be created:
- You place an order on the Website by pressing the “Checkout” at the end of the checkout process.
- We will then send You an acknowledgement of order email, please note this is not a confirmation that We have accepted your order.
- Acceptance and completion of the Contract will take place on the dispatch of the Goods from the warehouse.
2.2 These conditions will apply each time You submit an order for Goods on the Website. Any variation to these conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by Us.
2.3 We shall have the right to refuse to accept any order submitted by You where:
- The Goods are not available in stock.
- We are unable to obtain authorisation to enable Your payment to be made.
- We identify that the Goods have been wrongly priced or described.
Where this is necessary we will advise you by email as soon as reasonably practicable.
We have tried as far as possible to ensure that the descriptions and photographs of Goods appearing on the Website are as accurate as possible. If for any reason You are not completely satisfied with the Goods when they arrive We will exchange or refund them.
Please see our returns section for further details.
Every effort will be made to deliver the Goods as soon as possible (please allow 28 days for delivery) after your order has been accepted.
4.1 Delivery charges are calculated according to the table set out in our Delivery Information section of the website.
4.2 We will endeavor to dispatch Goods within 24 hours of an order being placed. Where We do not have the requested Goods in stock, We will let You know as soon as possible and give You 7 days to decide whether to wait for the new stock or to cancel the order. If You do not respond within 7 days, We will assume You wish to wait for the new stock to arrive.
4.3 ALL orders will be sent by means of a delivery service that requires the order to be signed for on receipt.
4.4 Where you have ordered a number of different Goods We may deliver the Goods either together as one delivery, or by separate deliveries. Each delivery will be treated as a separate Contract and no cancellation or termination of any one Contract will entitle You to repudiate or cancel any other Contract. We will not of course charge an additional delivery charge where Goods of the same order are delivered separately.
4.5 Subject to the other provisions of these conditions We will not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods.
4.6 We will notify you by email if items are out of stock and provide you with the opportunity to receive a refund, choose an alternative or wait until they are in stock, providing they are still obtainable from the manufacturer.
5. NON-DELIVERY OR DAMAGE IN TRANSIT
5.1 We will not be liable for any non-delivery of Goods (even if it is Our fault ) unless You have notified us that the Goods haven’t arrived within 28 days of the date of the order.
5.2 Our liability for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or refunding You the price, including any delivery charge, paid for such Goods.
5.3 We will use all reasonable endeavors to ensure that the Goods are appropriately packaged; however should the Goods be damaged in transit then We will refund or exchange the damaged Goods, provided that the damaged Goods are returned to Us within 28 days of receipt, in accordance with our returns policy.
6.1 In addition to the price listed against each Good there may be a delivery charge calculated in accordance with the delivery charges table.
7.1 You can find details of the various ways that You can pay for Goods on the Website.
7.2 If the customer defaults on payments we are entitled to block access to the appropriate offer until payment of the outstanding amount is received. From the time of default we are further entitled to charge interest to the extent of the current bank overdraft interest rate. Enforcement of further damages remains unaffected.
7.3 On any non-compliance with agreed payment terms and/or circumstances not known to us at contract conclusion, which might suspect untimely and/or non-payment of the customer or any change of his/her financial circumstances, which might risk payments we are entitled to demand immediate guarantee for all contract receivables and stop delivery of goods and/or services until such time the guarantee has been received.
7.4 Goods and/or services shall be deemed paid when the payment sum is at our disposal.
8.1 We warrant that (subject to the other provisions of these conditions) upon delivery the Goods will be of satisfactory quality within the meaning of the Sale of Goods Act 1979;
8.2 However, We will not be liable for a breach of the warranty in condition 8.1 unless:
- You give Us written notice of the defect within 24 hours of the order being delivered and we must have the returned items back within the next 7 days. and
- We are given a reasonable opportunity after receiving such notice of examining any defective Goods.
8.3 We will not be liable for a breach of the warranty in condition 8.1 if:
- You make any further use of such Goods after giving such notice; or
- The defect arises because You failed to follow the manufacturers written instructions in relation to washing.
8.4 Subject to the points raised in clauses 8.2 and 8.3 above, if any of the Goods do not conform with the warranty in clause 8.1 We will either replace such Goods or refund You the price of such Goods including any delivery charges 8.5 Where We refund or replace the Goods in accordance with this clause, We will have no further liability to You in respect of the defective Goods.
9. RETURNS, REFUNDS AND EXCHANGES
All returns for exchange or otherwise are only possible on prior agreement with TheFashionApple.com. We accept returns for the exchange of faulty items or items that do not fit.
We do not accept the return of change of mind purchases and we do not issue refunds other than with store credit.
9.1 Where You wish to return or exchange any Goods, You must follow the procedure set out below:
- The Goods should be sent back to Us in their original packaging and with their labels and tags attached.
- You should include with any returned Goods a copy of the invoice and a brief note detailing the reason for return;
- Where you wish to exchange the Goods please make sure You provide Us with full details of the Goods You wish to purchase in exchange.
9.2 If you have requested replacements of a higher value, any difference due will be charged to the card used to pay for the original order.
9.3 If you have requested a refund, or replacements of a lower value than the returned goods, any refund due will be credited back to the card used to pay for the original order. We will let you know as soon as the refund has been processed. Please note that we are unable to offer credit notes.
9.4 For hygiene reasons We regret that We cannot exchange or return any Goods which have been worn or washed.
9.5 When returning any Goods to Us, We suggest that You use a recorded delivery service, as We are UNABLE TO ACCEPT responsibility for any Goods which are lost or damaged in transit.
9.6 Where You are returning Goods, We will not cover shipping costs for returns or exchanges unless otherwise agreed upon
9.7 We regret that WE ARE UNABLE to refund You any delivery charges paid in addition to the price of the Goods and return postage is payable by You, the sender, unless the goods are faulty.
9.8 HOW TO RETURN
Customers who have read the above guidelines and wish to proceed with a return must immediately contact us on the same day the order is delivered. Please also indicate any desired replacement items as soon as possible or indicate you wish to receive store credit.
We will contact you with our reply within the next 24 hours at which time we will supply you with our return address and all instructions we require for the re-shipping.
Once we have inspected the returned merchandise you will be contacted with our verdict and any further instructions for additional payments and any other requirements.
10. LIMITATION OF LIABILITY
10.1 Subject to conditions 4 and 8, the following provisions set out Our entire financial liability to You in respect of:
- any breach of these conditions;
- any use made or resale by You of any of the Goods; and
- any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
10.2 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.
10.3 Nothing in these conditions seeks to exclude or limit Our liability:
- for death or personal injury caused by Our negligence;
- under section 2(3) Consumer Protection Act 1987;
- for any matter which it would be illegal for Us to exclude or attempt to exclude its liability; or
- for fraud or fraudulent misrepresentation.
10.4 Subject to conditions 10.2 and 10.3:
- Our 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 this Contract shall be limited to the price of the Goods; and
- We shall not be liable to You 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.
11. STATUTORY RIGHTS
11.1 Your statutory rights are in no way affected by the provisions of these terms and conditions.
12.1 Each right or remedy under the Contract is without prejudice to any other right or remedy available whether under the Contract or not.
12.2 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.
12.3 Any waiver by Us of any breach of, or any default under, any provision of the Contract by You will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.
12.4 The parties to this Contract do not intend that any term of this Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
12.5 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 English courts.