TERMS AND CONDITIONS
1. Introduction
1.1 This website is operated by [Happy Ashley LTD] (Company No. [9121932]) whose registered office is at [Ashley Williams London Studio, 110 ScreenWorks, 22 Highbury Grove,United Kingdom , N52EF] (“we”, “us” or “our”).
1.2 These terms and conditions (“the Terms”) apply to the use of the website found at www.ashleywilliamslondon.com (“theWebsite”) including any mirror sites or future incarnations of the site. The Terms should be read in conjunction with the PrivacyPolicy found at the Website and (if applicable) any other information listed on the Website and shall together form the agreement between you and us.
1.3 It is important that you read and understand the Terms before using the Website or placing an order for goods from the Website. By accessing or using the Website, including placing an order, you are agreeing to be bound by the Terms. If you do not agree to the Terms, you should not use the Website or attempt to purchase goods from the Website.
1.4 The Terms may be modified from time to time without notice to you. The version of the Terms which will apply to any sale made through the Website will be the version found at the Website at the time the order is placed. These will be notified to you either by asking you to confirm before submitting the order or which shall be available from the page of the
Website on which the order is submitted. If for any reason there is a discrepancy between the terms you are asked to agree and the terms which are displayed elsewhere on the Website, the former will apply.
1.5 You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of the Terms, and that they comply with them.
2. Placing an Order
2.1 When you place an order to purchase goods from the Website, your order is an offer to purchase those goods, not a contract of sale. We are under no legal obligation to accept offers. If you then receive a confirmatory email setting out your order, this is an acknowledgement of the offer you have made and not acceptance of it.
2.2 Offers are accepted when we take payment from you, or when we dispatch the goods, whichever is the sooner, and until then there is no contract of sale between us. If you decide to withdraw your offer you must notify us in writing via the address published at the Website before payment is taken, and no payments shall be taken.
2.3 If a product is incorrectly priced or the price displayed changes between your making an offer to purchase and our accepting the offer we may nonetheless elect to accept your offer at the price originally displayed. Alternatively, we may notify you of the new price and you may elect to proceed with your order at the amended price, or to cancel your order.
2.4 If a product is incorrectly priced due to error and we have already accepted the order, but have not yet dispatched the goods, we may suspend the order and notify you of the error and of the correct price. You may then choose proceed with the order at the correct price, or to cancel your order (or the part of it which was incorrectly priced). If you choose to cancel your order in whole or in part and you have already paid the order price, we shall refund the relevant amount of the order. If you do not respond to the notification within a reasonable period of time we shall treat this as a cancellation. For the avoidance of doubt, we are under no obligation to fulfil an order for a product that was advertised at an erroneous price or description if that error is discovered prior to dispatch.
2.5 If a product is advertised as having a future release date, or is otherwise placed whilst the product is not in stock, we are not liable for any delay to that product coming in stock or if cancelled entirely.
2.6 Where an item is a limited edition, its availability shall be construed as being first come first served. We cannot accept any additional liability for limited edition items and our liability for non-delivery of a limited edition item is limited to the price paid for the item.
3. Cancellation of an Order after Dispatch
3.1 The provisions in this section 3 apply to a cancellation of an order which has been dispatched to and received by you and are in addition to do not affect your statutory rights to return items which are defective or do not meet the product description.
3.2 You may cancel your order, for any reason, up to seven working days after you have received your goods by notice in writing at the address given on the Website. If you cancel an order this way, the goods must be returned to us in a resalable condition, wherever possible in original packaging and with all labels, seals and wrappings.
3.3 Once return as set out in clause 3.2, we shall refund the cost of the item and the postage you have paid, but you shall be responsible for the cost of returning the item.
3.4 You acknowledge that once you have cancelled the order then the items are no longer yours. You agree to return the items promptly after your notice to cancelling the order.
3.5 Your refund shall be made within 30 days of your notice to us cancelling the order.
3.6 The right to cancel an order under this section shall not apply to intimates (items such as earrings or underwear) or to items we have customised for you.
4. Ownership of Goods
4.1 Ownership of goods order from the Website does not pass into your hands until we have received full payment.
5. Registration Details
5.1 If you are under the age of [18], you must have a parent’s or guardian’s consent before registering for an account or placing an order.
5.2 We may use the data provided by you to establish the veracity of all the registration details you have provided when registering for an account, and we may limit or suspend your entitlement to use the Website if we have reason to believe that any of these details are provided falsely.
5.3 You are solely responsible for the accuracy, legality, currency and compliance of your registration details and will be solely liable for false, misleading, inaccurate, infringing or other actionable material contained or referred to therein.
5.4 We reserve the right to terminate suspend or restrict accounts without notice to you should you commit any breach of the Terms or in our reasonable discretion we believe that it is your intention to commit a breach of the Terms.
5.5 You are solely responsible in all respects for all use of and for protecting the confidentiality of your account and password which may be given to or selected by you for use on the Website. You must immediately notify us of any unauthorised use of them or any other breach of security.
5.6 You agree not to create multiple accounts.
6. General Conduct
6.1 You shall not use the Website in any way that causes, or is likely to cause, the Website or access to it to beinterrupted, damaged or impaired in any way. You must not attempt to gain unauthorised access to the Website, the server on which it is stored or any server, computer or database connected to the Website. You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only.
7. Intellectual Property
7.1 All content and all compilation of content included on the Website, including but not limited to text, graphics, logos, icons, photographs and images is our property or is licensed by us and is protected by copyright, database and trade mark right laws in England and internationally. You may not copy any part of the Website without our written permission.
8. Links
8.1 We have no control over the content of third party sites and cannot guarantee the reliability of any links to third party sites nor can we provide any guarantees or accept any liability in respect of the content on such third party sites.
8.2 You may not create hyperlinks to the Website without our prior written consent. All such permitted hyperlinks must make it clear that the hyperlink is to our Website and that it is in no way affiliated to any third party.
11. Limitation of Liability
11.1 Nothing in this Agreement is intended to limit any rights you might have under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
11.2 Any editorial content or material posted on the Website, including pictures and product description, is not intended to amount to advice on which reliance should be placed and we accept no liability or responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.
11.3 We shall have no liability for consequential loss or special damages as a result of any failure to deliver items purchased from the Website.
12. Access to the Website
12.1 We will do everything we can to ensure that availability of the Website will be uninterrupted and that transmissions will be error-free. However, this cannot be guaranteed. The Website may be occasionally suspended or restricted to allow for repairs, maintenance, the introduction of a new facility or service. We will attempt to limit the frequency and duration of any such interruption.
13. Notices and Email Communications
13.1 When you visit the Website or send emails to us, you are communicating with us electronically. We communicate with you by email or by posting notices on the Website. For contractual purposes, you consent to receiving communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
13.2 Except as otherwise stated, any notices you wish to send to us should be e-mailed to online store@ashleywilliamslondon.com. Any notices that we may wish to draw to your attention will be displayed on our Website.
14. Law and Jurisdiction
14.1 This Agreement (and any dispute, controversy, proceedings or claim of whatever nature in relation to them) shall be governed and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction in relation thereto.
1.1 This website is operated by [Happy Ashley LTD] (Company No. [9121932]) whose registered office is at [Ashley Williams London Studio, 110 ScreenWorks, 22 Highbury Grove,United Kingdom , N52EF] (“we”, “us” or “our”).
1.2 These terms and conditions (“the Terms”) apply to the use of the website found at www.ashleywilliamslondon.com (“theWebsite”) including any mirror sites or future incarnations of the site. The Terms should be read in conjunction with the PrivacyPolicy found at the Website and (if applicable) any other information listed on the Website and shall together form the agreement between you and us.
1.3 It is important that you read and understand the Terms before using the Website or placing an order for goods from the Website. By accessing or using the Website, including placing an order, you are agreeing to be bound by the Terms. If you do not agree to the Terms, you should not use the Website or attempt to purchase goods from the Website.
1.4 The Terms may be modified from time to time without notice to you. The version of the Terms which will apply to any sale made through the Website will be the version found at the Website at the time the order is placed. These will be notified to you either by asking you to confirm before submitting the order or which shall be available from the page of the
Website on which the order is submitted. If for any reason there is a discrepancy between the terms you are asked to agree and the terms which are displayed elsewhere on the Website, the former will apply.
1.5 You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of the Terms, and that they comply with them.
2. Placing an Order
2.1 When you place an order to purchase goods from the Website, your order is an offer to purchase those goods, not a contract of sale. We are under no legal obligation to accept offers. If you then receive a confirmatory email setting out your order, this is an acknowledgement of the offer you have made and not acceptance of it.
2.2 Offers are accepted when we take payment from you, or when we dispatch the goods, whichever is the sooner, and until then there is no contract of sale between us. If you decide to withdraw your offer you must notify us in writing via the address published at the Website before payment is taken, and no payments shall be taken.
2.3 If a product is incorrectly priced or the price displayed changes between your making an offer to purchase and our accepting the offer we may nonetheless elect to accept your offer at the price originally displayed. Alternatively, we may notify you of the new price and you may elect to proceed with your order at the amended price, or to cancel your order.
2.4 If a product is incorrectly priced due to error and we have already accepted the order, but have not yet dispatched the goods, we may suspend the order and notify you of the error and of the correct price. You may then choose proceed with the order at the correct price, or to cancel your order (or the part of it which was incorrectly priced). If you choose to cancel your order in whole or in part and you have already paid the order price, we shall refund the relevant amount of the order. If you do not respond to the notification within a reasonable period of time we shall treat this as a cancellation. For the avoidance of doubt, we are under no obligation to fulfil an order for a product that was advertised at an erroneous price or description if that error is discovered prior to dispatch.
2.5 If a product is advertised as having a future release date, or is otherwise placed whilst the product is not in stock, we are not liable for any delay to that product coming in stock or if cancelled entirely.
2.6 Where an item is a limited edition, its availability shall be construed as being first come first served. We cannot accept any additional liability for limited edition items and our liability for non-delivery of a limited edition item is limited to the price paid for the item.
3. Cancellation of an Order after Dispatch
3.1 The provisions in this section 3 apply to a cancellation of an order which has been dispatched to and received by you and are in addition to do not affect your statutory rights to return items which are defective or do not meet the product description.
3.2 You may cancel your order, for any reason, up to seven working days after you have received your goods by notice in writing at the address given on the Website. If you cancel an order this way, the goods must be returned to us in a resalable condition, wherever possible in original packaging and with all labels, seals and wrappings.
3.3 Once return as set out in clause 3.2, we shall refund the cost of the item and the postage you have paid, but you shall be responsible for the cost of returning the item.
3.4 You acknowledge that once you have cancelled the order then the items are no longer yours. You agree to return the items promptly after your notice to cancelling the order.
3.5 Your refund shall be made within 30 days of your notice to us cancelling the order.
3.6 The right to cancel an order under this section shall not apply to intimates (items such as earrings or underwear) or to items we have customised for you.
4. Ownership of Goods
4.1 Ownership of goods order from the Website does not pass into your hands until we have received full payment.
5. Registration Details
5.1 If you are under the age of [18], you must have a parent’s or guardian’s consent before registering for an account or placing an order.
5.2 We may use the data provided by you to establish the veracity of all the registration details you have provided when registering for an account, and we may limit or suspend your entitlement to use the Website if we have reason to believe that any of these details are provided falsely.
5.3 You are solely responsible for the accuracy, legality, currency and compliance of your registration details and will be solely liable for false, misleading, inaccurate, infringing or other actionable material contained or referred to therein.
5.4 We reserve the right to terminate suspend or restrict accounts without notice to you should you commit any breach of the Terms or in our reasonable discretion we believe that it is your intention to commit a breach of the Terms.
5.5 You are solely responsible in all respects for all use of and for protecting the confidentiality of your account and password which may be given to or selected by you for use on the Website. You must immediately notify us of any unauthorised use of them or any other breach of security.
5.6 You agree not to create multiple accounts.
6. General Conduct
6.1 You shall not use the Website in any way that causes, or is likely to cause, the Website or access to it to beinterrupted, damaged or impaired in any way. You must not attempt to gain unauthorised access to the Website, the server on which it is stored or any server, computer or database connected to the Website. You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only.
7. Intellectual Property
7.1 All content and all compilation of content included on the Website, including but not limited to text, graphics, logos, icons, photographs and images is our property or is licensed by us and is protected by copyright, database and trade mark right laws in England and internationally. You may not copy any part of the Website without our written permission.
8. Links
8.1 We have no control over the content of third party sites and cannot guarantee the reliability of any links to third party sites nor can we provide any guarantees or accept any liability in respect of the content on such third party sites.
8.2 You may not create hyperlinks to the Website without our prior written consent. All such permitted hyperlinks must make it clear that the hyperlink is to our Website and that it is in no way affiliated to any third party.
11. Limitation of Liability
11.1 Nothing in this Agreement is intended to limit any rights you might have under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
11.2 Any editorial content or material posted on the Website, including pictures and product description, is not intended to amount to advice on which reliance should be placed and we accept no liability or responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.
11.3 We shall have no liability for consequential loss or special damages as a result of any failure to deliver items purchased from the Website.
12. Access to the Website
12.1 We will do everything we can to ensure that availability of the Website will be uninterrupted and that transmissions will be error-free. However, this cannot be guaranteed. The Website may be occasionally suspended or restricted to allow for repairs, maintenance, the introduction of a new facility or service. We will attempt to limit the frequency and duration of any such interruption.
13. Notices and Email Communications
13.1 When you visit the Website or send emails to us, you are communicating with us electronically. We communicate with you by email or by posting notices on the Website. For contractual purposes, you consent to receiving communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
13.2 Except as otherwise stated, any notices you wish to send to us should be e-mailed to online store@ashleywilliamslondon.com. Any notices that we may wish to draw to your attention will be displayed on our Website.
14. Law and Jurisdiction
14.1 This Agreement (and any dispute, controversy, proceedings or claim of whatever nature in relation to them) shall be governed and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction in relation thereto.