Terms and Conditions of Sales
PLEASE READ THE TERMS OF THIS POLICY CAREFULLY BEFORE USING THE SITE AND PLACING AN ORDER.
- 1) Introduction to These Terms
- 2) Information About Us and How to Contact Us
- 3) Our Role and How the Site Works
- 4) Product Information
- 5) Ordering and Availability
- 6) Delivery within the United Kingdom, Europe and Internationally
- 7) Risk and Ownership
- 8) Price and Payment
- 9) Cancellation
- 10 Faulty Product/s and Refunds Policy
- 11) Your rights to make changes
- 12) Our rights to make changes
- 13) How to end the contract with Us
- 14) Our rights to end the contract
- 15) Our responsibility
- 16) How we may Use your personal information
- 17) Other important terms
- Schedule One
- INTRODUCTION TO THESE TERMS
1.1 These are the Terms and Conditions of Sales of goods (Product/s, Item/s) ordered on www.cobuydi.com (Website/Site) and/or through any Web or mobile application this site provides which allows Product/s ordering, from vendors (Brand/s, Boutique/s, Vendor/s, Sender/s) on the Site to you (Customer/s, You, Your) which is operated by or on behalf of COMPULSIVE BUYING DISORDER LIMITED (Cobuydi, We, Us and Our).
1.2 Please read these terms carefully before you place an order on the Site. These terms explain who We are, how Product/s are sold to you, how you and We may change or end the contract, what to do if there is a problem and other important information. If you think there is a mistake in these terms, please contact Us on firstname.lastname@example.org.
1.3 By Using this site and placing an order, you agree to accept these terms. By Using our site and placing an order, you confirm that you accept the terms of this policy and other policies referred to in this document and that you agree to comply with them. If you do not agree to these terms, you must not Use our site & must not place an order. We recommend that you print a copy of these terms for future reference.
1.4 There are other terms that may apply to you. The following additional terms and documents also apply to your Use of the Site and when placing an order on our Site and this document may refer to these items:
1.4.4 Our Acceptable Use Policy sets out the content standards that apply when you upload content to our site, contact other Users on our site, link to our site, or interact with our site in any other way,
1.4.5 If you purchase Product/s from the Website, our Terms and Conditions of Sales will apply to sales.
1.4.6 If you ‘Register as a Vendor’ on our Site, our Terms and Conditions for Vendors will apply.
- INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 The Site is operated by or on behalf of COMPULSIVE BUYING DISORDER LIMITED, a company registered in England and Wales. Our company registration number is 10902634 and our registered office is at 27 Old Gloucester Street, London, United Kingdom, WC1N 3AX.
2.2 You can contact Us by writing to Us at enquiry @cobuydi.com
2.3 If We must contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to Us in your order.
2.4” Writing” includes emails. When We Use the words “writing” or “written” in these terms, this includes emails.
2.5 We may make changes to the terms of this policy. We amend these terms from time to time. We reserve the right to change these Terms and Conditions. Every time you wish to Use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 22nd May 2018. It is your responsibility to ensure you check this page for updates to these terms.
- OUR ROLE AND HOW THE SITE WORKS
3.1 The Site is a marketplace/platform which bring Brand/s from around the world to sell their Product/s directly to you. A Product/s is what a Brand/s sells from there inventory directly to you.
3.2 We provide each Boutique/s an online vendor store which enables them to sell their Product/s directly to you. You can view information about their Product/s, and the items a Boutique/s sells. When you place an order, you are placing an order directly from the Brand/s which sells the Product/s.
3.3 It is your responsibility to ensure which Brand/s you are ordering from. If you have an issue where you can’t find this information, please do not place an order, but contact Us so we may provide this information to you.
3.4 When you purchase a Product/s from a Boutique/s or brand, you enter a legally binding contact directly between you and the Brand/s. Our role is limited to concluding the sale of a Product/s on a Brand/s’s behalf, receiving your payment, and to assist with the processing of refunds and returns. For any non-Gift Box orders, you must inform us within 14 days of delivery if you wish to return your item/s. If you do not, you will not be able to return any item/s. If you do inform us in the correct time frame, and we have acknowledged this, then you have 14 days more to return the items back to us.
3.5 In certain circumstances, Cobuydi will assist the fulfilment, delivery and returns of Product/s you purchase directly from a Brand/s. These may come from a Cobuydi fulfilment centre if applicable. If this is not the case, then delivery will be made directly from the Brand itself.
3.6 If a Brand/s sells a Product/s to you, we may assist with certain issues on behalf of the Brand/s.
3.7 We do not have any contractual obligations to you, and you do not have any contractual rights against Us regarding any Product/s sold on the Site by any brand.
- PRODUCT INFORMATION
4.1 Product/s may vary slightly from their pictures. Images of Product/s 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 Product/s. Your Product/s may vary slightly from those images. Although We have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our Website have a 10% tolerance.
4.2 Product/s packaging may vary. The packaging of the Product/s may vary from that shown in images on our Website. We and/or Brand/s may package items in plastic bags, plastic wrapping, small gift boxes or larger gift boxes. This is up to Us and/or a Brand/s discretion on what packaging to use.
4.3 Product/s are sold by the Boutique/s. Product/s are sold by each Boutique/s. Each Boutique/s may sell other branded items from other brands. Product/s may differ and have a different brand or brand name to the one shown on the Product/s page or site. It is the responsibility of each Boutique/s to have written permission to sell another brand through their own brand or company on our Website. We take no responsibility to what is advertised by each Boutique/s. This is the responsibility of each Boutique/s.
4.4 We also offer some Product/s for sale which are sold by the Site. We sell customised Cobuydi gift boxes, Cobuydi gift cards and Cobuydi stylist packages. If you purchase one or more of these Product/s, you will be buying from Cobuydi. However, anything inside a Cobuydi gift box excluding a Cobuydi gift card and Cobuydi stylist package is still ordered directly from the Brand/s which sells the item directly to you. All items inside the gift box are sold between you and the Brand/s selling them.
4.5 Our Cobuydi gift boxes, Cobuydi gift cards and Cobuydi stylist packages and gift boxes are all customised and personalised. Therefore, once an order has come through, you cannot cancel it if We have sent acceptance with an order confirmation. We do not offer refunds or exchanges on these items, as they are personalised, customised and unique.
4.6 Our stylist packages and stylist gift boxes are customised and personalised towards each customer. Once you pay for a stylist package or stylist gift box, you will not be refunded. If you do not do not find a Product/s you like for your stylist gift box, we will refund you the value of the box excluding the fee for using our stylists. This fee is £25. You have one week to finalise your stylist gift box from purchase. If you take over one week to finalise your gift box, we will charge £20 every Week delayed until you finalise your gift box. If your charges become higher than the value of the box, you will have to purchase an additional gift box with a new stylist option. Once a box order confirmation is provided, you cannot cancel a Cobuydi gift box or Cobuydi Stylist package or Stylist giftbox.
4.7 Any information on the site regarding size, colour and Product/s information is included as a guide. If you are in doubt regarding any of the Product/s, please contact us before placing an order.
- ORDERING AND AVALIABILITY
5.1 To order any Product/s on our site, you must be at least 16 years of age or have the permission of a parent or guardian to make a purchase. Under certain jurisdictions, you may be required to be older, and must follow local law to bind you legally to these Terms and Conditions.
5.2 To order a Product/s, you can use our ‘quick view’ system which shows you the Product/s, the Product/s images (if any), and the price. If there is a colour, size or attribute option, please select the relevant fields, and click ‘add to cart’. Another way to order a Product/s is to click on a Product/s, select your colour, size or attribute option, and click ‘add to cart’. You can then ‘view your cart’, ‘add gift wrapping’, or click ‘checkout’. Please then follow the prompts that will appear on-screen.
5.3 You may check and correct any input errors in your order up until the point at which you submit your order by clicking the ‘Continue to Payment’ or ‘Proceed to PayPal’ button on the checkout page.
5.4 You acknowledge that by clicking on the ‘Continue to Payment’ or ‘Proceed to PayPal’ button, you enter into an obligation to pay for the Product/s.
5.5 Once you have placed an order, we will send you an acknowledgment e-mail or phone call letting you know the order has been received. This does not constitute that your order has been accepted by Us or the Boutique/s you have ordered from.
5.6 Upon receiving your order, we will carry a standard pre-authorisation amount for the value of the order. This will be debited once an order has been accepted. If a higher amount is needed to be taken, we will e-mail you to ask for your permission. If you agree, we will increase the pre-authorisation.
5.7 All orders are subject to acceptance by Us and/or the Brand/s you order from. We and/or the Brand/s are not obliged to accept your order, and may choose to accept or decline your order, subject to our discretion, and without providing a reason.
5.8 We will check with each Boutique/s or brand whether your order can be fulfilled. Once We do this, we will confirm this to you by either changing the status of your order or sending you an e-mail with an order confirmation. This is when your order has been accepted. Your order status can be seen in ‘My Account’. If you are paying as a guest, we will send you an e-mail confirming the order.
5.9 If only a certain part of your order is available, we will e-mail you to check whether you would like Us to send this out as a new order.
5.10 The contract between you and Us and/or the Brand/s in relation to the Product/s(s) ordered will only be formed when We and/or the Brand/s send you the relevant order confirmation.
5.11 After entering into a contract, We and/or the Brand/s will be under a legal duty to supply you with goods that are in conformity with the contract. However, delays may occur due to unexpected circumstances.
5.12 The contract will relate only to Product/s which have been confirmed in the order confirmation. We and/or the Brand/s will not be obliged to supply any other Product/s which may have been part of your order under until such Product/s have been confirmed in a separate order confirmation.
5.13 What will happen if you do not give required information to Us. We may need certain information from you so that We can supply the Product/s to you. We will contact you in writing to ask for this information. If you do not give Us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate Us for any extra work that is required as a result. We will not be responsible for supplying the Product/s late or not supplying any part of them if this is caused by you not giving Us the information We need within a reasonable time of Us asking for it.
5.14 Reasons We may suspend the supply of Product/s to you. We may have to suspend the supply of a Product/s to:
(a) deal with technical problems or make minor technical changes;
(b) update the Product/s to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the Product/s as requested by you or notified by Us to you.
- DELIVERY WITHIN THE UNITED KINGDOM, EUROPE AND INTERNATIONALLY
6.1 We have multiple delivery options available on the site. Our standard delivery is within 3-5 working days after dispatch confirmation. Our Express or Expedited delivery is within 2-3 working days after dispatch confirmation. Standard and Express/Expedited deliveries could be delayed longer than the stated times. We do not guarantee delivery times. We will not be held liable or responsible for delayed shipping times. Due to circumstances, deliveries may be delayed, and We do not take responsibility for this.
6.2 Our Europe and International shipping is within 60 days after the date of dispatch confirmation. All delivery methods could be subject to delays. We do not guarantee delivery times. We will not be held liable or responsible for delayed shipping times. Due to circumstances, deliveries may be delayed, and We do not take responsibility for this.
6.3 If a Brand/s must manufacture your product, this may take some time. Therefore, your delivery period will only apply after manufacture, and dispatch has taken place.
6.4 Your order will be delivered to the delivery address You specified when placing your order. Our courier/postal service will attempt to deliver Your parcel to Your delivery address once. If the courier/postal service does not get a response after one delivery attempt, Your item will be left at the couriers depot or local post office depot.
6.5 Whilst We aim to deliver to all countries, we may reject an order if we are unable to.
6.6 We reserve the right to refuse delivery to any location, anywhere in the world. We will not deliver to PO Box addresses. We do not have to provide a reason, and this is at our discretion.
6.7 We may contact you to make an additional payment for delivery if your order requires this. If you refuse to, we will cancel the order and refund your money back to you within 28 days.
6.8 You are not allowed to change the delivery address of an order. The stated address on the order is where We will deliver to.
6.9 If You order Product/s for delivery outside the United Kingdom, these maybe opened and inspected by customs authorities, and maybe be subject to taxes and import duties. We will not be responsible for duties, taxes and anything else regarding customs. You will be responsible for payment of any such import duties, charges and taxes. It is Your responsibility to contact your local customs office before placing an order to find out what charges you may face. If there are customs charges or You refuse to pay them, We will not refund your order or delivery charges, as the order being refused is not in our control. It is Your responsibility to ensure that orders can be sent and delivered to the country and state you want the items delivered to. Items which are sent, but not picked up by the Customer are the responsibility of the Customer. The Customer must also ensure they are there to have an item delivered. If this occurs, the Customer is responsible to ensure products are picked up from your local postal office or depot. If an item gets sent back to us, and/or the original sender, but gets lost or damaged, it is the responsibility of the You to pay the cost of damage, a lost item, shipping fees, charge backs, refund fees or the full value of the item and/or any other cost associated which we deem fit. If the item is returned by the postal service to the UK, but is lost between the postal centre and our address/where it was originally sent from, then the Customer is liable for the full amount including any other charges.
6.10 Customs may also refuse good. If this happens, we will not refund your order or delivery charges, as the order being refused is not in our control. It is your responsibility to ensure that orders can be sent and delivered to the country and state you want the items delivered to.
6.11 It is your responsibility to ensure you comply with all applicable laws and regulations of the country and state for which the Product/s(s) are destined and delivered. We and/or the Boutique/s will not be liable for any breach by you of any such laws.
6.12 We are not responsible for delays outside our control. If a supply of a Product/s is delayed by an event outside our or a Brand/s control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract (inline with our terms and conditions) and receive a refund for any Product/s you have paid for but not received. If we have sent some of your products out to you, then you will not receive a refund for delivery charges. You will also have to send all the items back (inline with our terms and conditions) before we can process a refund. Items returned are subject to our refunds procedure in this document.
6.13 Collection by you. Collection is not currently an option, although we may offer this in the future and will contact you if this is the case.
6.14 If no one is available at Your address to take delivery, and the Product/s cannot be posted through your letterbox, the courier will leave You a note informing you of how to rearrange delivery or collect the Product/s from a local depot.
6.15 If You do not collect the Product/s as arranged or if, after 1 failed delivery attempt to you, and you do not re-arrange delivery or collect them from a delivery depot, the courier may return the product back to the original Senders destination. If this occurs, You are responsible for ensuring the product is returned successfully to the original Senders destination. A successful return is one where an item is signed for by the original Senders destination. A signature from a delivery depot is not accepted as a successful return, as items tend to get lost between the depot and the original Senders destination. If the item gets lost, or is unsuccessful in getting back to the Sender, You will be liable to Us to to pay the cost of damage, cost of a lost item, shipping fees, charge backs, refund fees and/or the full value of the item and/or any other cost associated which We deem fit. If the item is returned by the postal service to the UK, but is lost between the postal centre and Our address/where it was originally sent from, then You are liable for the full amount including any other charges.
- RISK AND OWNERSHIP
7.1 All Product/s(s) ordered transfer ownership and risk to the Customer from the time of delivery, unless a delivery cannot be made outlined in situations set out under clause 7.2, 7.3, and 7.4 (provided full payment of all sums due in respect of the Product/s(s) have been received).
7.2 In order to avoid delivery/ownership disputes, We use a multi-step policy. By placing an order on this Website, and using Stripe or PayPal to pay for an order, You agree that once an item/s and/or order/s has been attempted to be delivered once to you, ownership of the Product/s including risk, and responsibility of the item passes to You (provided full payment of all sums due in respect of the Product/s(s) have been received).
7.3 After one attempt at delivery, if You are unable to sign for the item, or are not available, then ownership, risk and responsibility of the item/s is now Yours. We, and the Vendor discharge any ownership, risk, liability and responsibility for the item/s.
7.4 Your order will be left at your local post office, and/or courier depot for You to collect after one delivery attempt. Please note You now own the item/s, and this is Your responsibility to ensure you pick them up. We discharge full liability, risk and ownership after one attempt at delivery. By placing an order on this Site, You agree that You are now responsible to ensure You collect Your item/s and/or order/s. You also agree that We and/or the Vendor are not responsible for any item/s which You have not picked up.
7.5 Some depots/local post offices may return Your item/s and/or order/s back to the original Sender if you do not pick Your item/s up on time. If this happens, You agree that We and/or Vendors do not take any responsibility for the item/s and/or order/s, as You now have ownership and risk. As We simply act as a 3rd party between the Customer and the Vendor, We are not responsible for this. Therefore, if an item/s and/or order is sent back by your local post office/courier depot to the original Senders destination, then it is Your responsibility to ensure that your product is returned to the original Sender.
7.6 If the item/s get lost and/or damaged on the way back to the original Sender, You are responsible for the cost, shipping fee, and any other fee charged. We will also charge You a 20-50% fee if an item goes missing, and/or is damaged on the way back to the Vendor, as the Vendor will have already been paid by us, after each sale. You will be responsible for a 20 to 50% fee, as You have made the item unavailable to other Customers by purchasing it. You are liable for our fee paid to the Vendor, for the full cost of the product, shipping costs, return fees, chargebacks, and any other fees. Sending an item back to the Senders depot is not accepted as been sent back. You agree that you must ensure that the item is sent back to the original Senders destination.
7.7 If the Customer has not been available after 1 delivery attempt, and/or, not picked up their item/s from their local depot/courier depot equivalent, and the item/s are sent back by the depot/courier equivalent, then You agrees that We are not liable for any costs, and You are responsible and must ensure the product is sent back to the original Sender successfully. Proof of sending an item back requires a signature by the original Vendor who sent the item. A signature by the delivery depot is not valid proof.
7.8 No refunds and exchanges can take place if the item is not successfully signed for by the original Sender. If the original Sender has not received the item, then the Customer cannot obtain a refund and/or exchange, and is liable for any fees paid to the Vendor by us, for the full cost of the product, shipping, return fees, chargebacks, and any other fees.
- PRICE AND PAYMENT
8.1 The price of each Product/s is quoted on the site. Prices includes VAT but exclude all delivery costs.
8.2 Additional delivery charges will be automatically added once you have selected which delivery method you would like to use.
8.3 Prices and delivery costs may change at any time. We do not have to inform you of these changes.
8.4 If you have created an order and have payed for delivery, we may contact you to let you know that an additional delivery charge maybe required. This is because We or the Boutique/s may have realised that they need to charge an increased amount to deliver the Product/s to you. If you do not want to pay this charge, we can cancel your order and refund the money back to you. If some items have been delivered but not all, then we will not refund you the delivery charge or the cost of the items which have been received. If you decide to return some of these items, we will wait for these items to be delivered back to the relevant place, inspected, and then refund your money within 28 days.
8.5 If you have ordered a Product/s, and the price changes after your order, you will be bound by the price you were quoted when you placed the order after receiving an order confirmation.
8.6 Our site contains lots of Product/s. Whilst we try our best efforts to make sure all details including price are correct on Product/s listings, there may be times where items are incorrectly priced.
8.7 If there is situation where a price is higher than the amount you paid and is incorrect, we will contact you to provide you with instructions on the options you have. If you refuse to pay more for the item, you may cancel the whole order, or we may reject the order. This also applies to higher delivery charges.
8.8 We have two methods of payment. One is through Stripe, and the other is through PayPal. Payments for all orders must be made by credit and debit card. We accept payment by most major credit and debit cards.
8.9 When a payment is made, checks are made by your card issuer and/or the payment processor. We and Boutique/s are not responsible for this, and we are not responsible if the card issuer declines your payment for any reason.
8.10 Your card issuer may charge you a processing or handling fee. They may also charge you other fees such as conversion fees. We and/or Boutique/s are not responsible for this or any card issuer/payment processor charges you receive.
8.11 We may offer promotion codes or discount codes. These can be used to discount the price at the time. However, they are subject to our Terms and Conditions, and our discretion. If our system accepts a discount code, but it is not a valid promotion at the time of the order, we will contact you and ask you to pay the full price. If you refuse to, we will cancel the order.
8.12 You may only use a discount code once, and only during their validity periods. We reserve the right to amend any code or promotion, at our discretion, without informing you.
8.13 Discount codes cannot be redeemed for cash. This means that if you return Product/s or ask for a refund, you will not get the value of the discount code in cash.
8.14 We may offer a promotions scheme where friends, family and others may earn points to redeem against their orders. These will be paid 35 days after an order has been accepted and delivered. If an order is refunded, exchanged or returned, no points will be provided. This system must not be misused, and We reserved the right not to pay any points if we feel the system is being abused. This is at our discretion. Points cannot be redeemed for cash or cannot be refunded.
8.15 We can charge interest if you pay late or use a chargeback. If you do not make any payment to us successfully or use a chargeback, we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue daily from the due date until the date of actual payment of the overdue amount, whether before or after judgment. you must pay Us interest together with any overdue amount.
8.16. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved, we will charge you interest on correctly invoiced sums from the original due date.
9.1 You may cancel a contract at any time before your order is delivered, and up to 14 days afterwards. This period begins on the day after your order is delivered to you.
9.2 If you cancel your contract before the item is out for delivery, you will receive a full refund. However, if you cancel whilst the item is out for delivery, you will not receive a refund of the delivery charges.
9.3 If you cancel your order after the Product/s has been delivered to you, then you must return the item back to us and/or the brand in its original condition and packaging. The item will then get inspected, and if it is in perfect original condition, with perfect original packaging, then we will refund the price back to you excluding delivery charges.
9.4 To cancel a contract, you must return your Product/s to receive a refund. This will be at your cost unless a free postage returns label and bag has been provided to you.
9.5 Before cancelling a contact, you must e-mail us informing why you are returning the Product/s and must wait for us to provide you instructions on how to return the items.
9.6 After notifying us of cancellation, you must return the Product/s within 14 days after the day of notifying us of the cancellation.
9.7 All Product/s(s) must be in perfect condition. you have a legal obligation to take reasonable care of the Product/s(s) while in your possession. If you fail to comply with this obligation, We and/or the Boutique/s may have a right to deduct the cost of any deterioration of the Product/s up to the price of the Product/s, from the refund to which you are otherwise entitled.
9.8 You do not have the right to cancel a contract for the supply of any Product/s that has been customised, personalised or created bespoke for you. This includes all Cobuydi Gift boxes, Cobuydi Gift cards and Cobuydi Stylist packages. Once an order has been accepted, you cannot cancel this item as they are personalised and customised.
9.9 To return the Product/s, you should package the parcel securely and make sure you include your full name and address on a written piece of paper, any returns slip you may have been provided, and make sure they are securely placed inside the parcel with the Product/s you wish to return.
9.10 All returns must be sent back to the address provided by us, using a courier or by recorded delivery. You must use a sign for recorded delivery service, where We and/or a Brand/s must sign for the delivery. Returning an item is at your risk. If any item is lost or damaged, we will not refund you.
9.11 You must ensure that you take out enough postal/carriage/courier insurance to cover the value of the contents. Please keep your proof of posting/dispatch/courier and all tracking information including receipts until your refund has been processed back into your bank account. You will be responsible for all costs, and risk of returning the Product/s(s) back to Us or back to a Boutique/s.
9.12 If you have just changed your mind about the Product/s. you may be able to get a refund if you are within the cooling-off period/refund conditions in this document, but this may be subject to deductions and you will have to pay the costs of return of any goods.
9.13 For most Product/s bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
9.14 Our goodwill guarantee. Please note, these terms reflect the goodwill guarantee offered by COMPULSIVE BUYING DISORDER LIMITED of 27 Old Gloucester Street, London, United Kingdom, WC1N 3AX to its UK customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed Product/s.
|Right under the Consumer Contracts Regulations 2013||How our goodwill guarantee is more generous|
|14-day period to change your mind.||14-day period to change your mind, However, you will receive an additional 14 days (from the date you notify Us) to return the Product/s to Us if you notify Us within 14 days of receipt.|
9.15 You do not have a right to change your mind in respect of:
(a) earrings, undergarments, swimwear, lingerie and similar items (for hygiene reasons);
(b) digital Product/s after you have started to download or stream these;
(c) Product/s sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(d) sealed audio or sealed video recordings or sealed computer software, once these Product/s are unsealed after you receive them; and
(e) any Product/s which become mixed inseparably with other items after their delivery.
9.16 Have you bought goods (for example, individual clothing items on our Website)? If so, you have 14 days after the day you (or someone you nominate) receive the goods, unless your goods are split into several deliveries over different days. In this case, you have until 14 days after the day you (or someone you nominate) receives the first delivery to change your mind about the goods.
9.17 Nothing in this section affects your legal rights.
- FAULTY PRODUCT/S AND REFUNDS POLICY
10.1. We operate a refund policy. you have 14 days to cancel a contract between Us or the relevant Brand/s. Once an item has been delivered, you must inform Us within 14 days that you would like to cancel the contract and get a refund. If you do not inform us within 14 days, you cannot ask for a refund.
10.2 Any refunds will be processed to you as soon as possible, excluding delivery charges. If the item has not been sent for delivery by us or the Boutique/s, then we will refund your delivery charge as well.
10.3 If you have informed Us that you would like to cancel your order within 14 days of delivery, you must return the Product/s(s) back to Us or the Brand/s which has sent the Product/s to you. We will inform you of who to return your Product/s back to when you e-mail us saying you would like to cancel the contract.
10.4 When We or the Brand/s receive the Product/s back, checks will be made to ensure they are in original condition and original packaging. If there is no damage, changes or modifications, and the Product/s(s) are fine, a refund will be provided to you as soon as possible. This will be within 14 days after the day on which We or a Brand/s has accepted the Product/s are in the correct conditions to be returned.
10.5 We will refund the price paid in full (excluding delivery) and excluding any deductions which are made due to your use of or damage to the Product/s.
10.6 We will not refund you for the cost of returning the Product/s back to Us.
10.7 If you received any promotional offer, discount, code or points, you will not receive these backs. You will only receive the cash value you paid for Product/s.
10.8 Refunds are made using the same method originally used unless we are unable to refund using this method. We may ask for your additional payment details for faster processing of a refund.
10.9 If you receive any Product/s which are damaged or faulty when delivered to you, or whether the Product/s have developed a fault, you must make Us aware of the problem in writing via e-mail, in accordance with your legal rights.
10.10 If you have any questions or complaints about the Product/s, please contact Us. You can write to us at email@example.com first and wait for us to reply.
10.11 Nothing in this section affects your legal rights.
11.YOUR RIGHTS TO MAKE CHANGES
11.1 If you wish to make a change to the Product/s you have ordered please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the Product/s, the timing of supply or anything else which would be necessary because of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract. This option is at our discretion.
- OUR RIGHTS TO MAKE CHANGES
12.1 We may change the Product/s:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Product/s.
13.HOW TO END THE CONTRACT WITH US
13.1 To end the contract with us, please let us know by doing one of the following:
(a) Email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address. you may be asked to fill up the form in Schedule One of this policy.
(b) Online. Complete the form located at on our contact us page on our Website.
13.2 Returning individual Product/s after ending the contract. If you end the contract for any reason after Product/s have been dispatched to you or you have received them, you must return them back to Us and/or the brand. You must post them back to Us and/or Brand/s by completing the return invoice sheet, placing it along with the items inside the parcel and obtaining a receipt when you return it. If you are exercising your right to change your mind, you must send off the goods after 14 days of telling us you wish to end the contract.
13.3 What We charge for collection. If you are responsible for the costs of return and We are collecting the Product/s from you, we will charge you the direct cost to us of collection.
13.4 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a Product/s within 3-5 days at one cost but you choose to have the Product/s delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option. This is only applicable if Product/s have not been dispatched by Us and/or Brand/s.
- OUR RIGHTS TO END THE CONTRACT
14.1 We may end the contract if you break it. We may end the contract for a Product/s at any time by writing to you if:
(a) you do not make any payment to us when it is due, and you still do not make payment within 1 day of us reminding you that payment is due. This includes any chargebacks made by you;
(b) you do not, within a reasonable time of Us asking for it, provide us with information that is necessary for us to provide the Product/s;
(c) you do not, within a reasonable time, allow delivery of the Product/s to you or collect them from us;
14.2 You must compensate Us if you break the contract. If We end the contract, we will refund any money you have paid in advance for Product/s excluding delivery costs. We may deduct or charge you reasonable compensation for the net costs we will incur because of you breaking the contract. We will not refund delivery costs.
- OUR RESPONSIBILITY
15.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. 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 1 of the Consumer Protection Act 1987; or for any other liability that, by law, may not be limited or excluded.
15.2 We are not liable for business losses. We only supply the Product/s for domestic and private use. If you use the Product/s 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.
15.3 Please remember that when you purchase a Product/s from a Brand/s, there is a legal contract for the supply and purchase of a Product/s which is between you and the relevant Brand/s. This includes if you have ordered from multiple Boutique/s in one order. We have no responsibility between you and the Brand/s.
15.4 We or the Brand/s will not be liable or responsible for any failure to perform, or delay in performance of our obligations under any contract that is caused by events outside our or the Brand/s’s reasonable control.
15.5 You may not transfer or assign any or all your rights or obligations under any contract.
15.6 All notices given by you to Us or to our brands or Boutique/s must be given in writing. We may give notice you either via e-mail or postal address you provided to us when placing an order.
15.7 If We or Brand/s fail to enforce any of our rights, that does not result in a waiver of that right.
15.8 Terms and Conditions may not be varied except with our express written consent.
15.9 The Terms and Conditions are to be concluded in the English language and shall be governed by English Law.
- HOW WE MAY USE YOUR PERSONAL INFORMATION
16.1 How We will Use your personal information. We will use the personal information you provide to Us:
(a) to supply the Product/s to you;
(b) to process your payment for the Product/s;
(c) if you agreed to this during the order process, to give you information about similar Product/s that We provide, but you may stop receiving this at any time by contacting Us;
(d) Analytics and data enhancement; and
(e) Newsletters and providing you personal offers.
16.2 We will only give your personal information to other third parties where the law either requires or allows us to do so.
- OTHER IMPORTANT TERMS
17.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if We plan to do this. If you are unhappy with the transfer, you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for Product/s not provided.
17.2 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and Us and/or Brand/s. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person to end the contract or make any changes to these terms.
17.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.4 Even if we delay in enforcing this contract, we can still enforce it later. If We do not insist immediately that you do anything you are required to do under these terms, or if We delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent Us taking steps against you later. For example, if you miss a payment and We do not chase you but We continue to provide the Product/s, we can still require you to make the payment later.
17.5 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Product/s in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the Product/s in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Product/s in either the Northern Irish or the English courts.
MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract by e-mail to email@example.com)
To COMPULSIVE BUYING DISORDER LIMITED, 27 Old Gloucester Street, London, United Kingdom, WC1N 3AX, firstname.lastname@example.org
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate