Terms and Conditions

Online Shop

This document sets out the terms and conditions on which we supply the goods (“Goods”) listed on our websites www.scarvesdirect.co.uk

Please read these terms and conditions carefully before ordering any Goods from our site. You should understand that by ordering any of our Goods, you agree to be bound by these terms and conditions.

Before placing your order, you will be required to tick the box next to “I have read and agree to the website terms and conditions” to accept the terms and conditions. Please understand that if you do not wish to accept these terms and conditions, you will not be able to order any Goods from our site.

About Us

This website is owned and operated by Scarves Direct Ltd (“us”), registered in England and Wales under company number 12966610. Our registered office address is: 25-29 Sandy Way, Yeadon, Leeds, West Yorkshire, United Kingdom, LS19 7EW. Contact us by email: [email protected]

Your status

By placing an order through our website, you warrant that:

·         you are legally capable of entering into binding contracts; and

·         you are not a trade customer and are purchasing the Goods as a consumer.

Using the Site

Due to maintenance, there may be occasions when access to some parts of the site are restricted, or the whole site is unavailable. Access to the site is always on a temporary basis and we are not liable, if for any reason the site is down. We reserve the right to change or remove the website service without notice.

As part of the security process to log into the site, if you choose, or are given, a user identification code, password or any other piece of information, you must treat this information as confidential and not disclose this to any third party. If we feel that you have not complied with these terms and conditions, we reserve the right to disable any user identification code or password, whether chosen by you or given to you by us at any time.

You must comply with the provisions of our acceptable use policy and you are also responsible for ensuring that anyone who accesses the site through your internet connection are aware of, and comply with, these terms. Methods used to access the site are your responsible.

Intellectual Property

All content included on the website, unless uploaded by users, is the property of Scarves Direct Ltd, our affiliates or other relevant third parties. In these terms and conditions. Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this website, including any such content uploaded by users.

By continuing to use the website you acknowledge that such content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission

If you print off one copy or download extracts of any pages from the site for your own reference once, you must not separate illustrations, photographs, video or audio sequences or any graphics from their accompanying text. Our status (plus that of other named contributors) as the author of material on the site must always be acknowledged.

You must not use any of the materials on our site for commercial purposes without obtaining a licence from us.

If you are in breach of these terms of use, your right to use the website will immediately end and you must return or destroy any copies of materials you have made.

Information disclaimer

All information gathered when ordering is stored in accordance with our privacy policy. By using our site, you consent to this process and confirm that all data given by you is accurate.

Liability

We will not be liable to you in respect of any losses arising out of events beyond our reasonable control. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control.

Nothing in these terms and conditions will limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable limit or exclude our or your liability for fraud or fraudulent misrepresentation or limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.

Any content on our site is not intended to amount to advice on which reliance should be placed. Therefore, we disclaim any liability or responsibility arising from such reliance on this site’s material by any visitor, or by anyone who may be informed of its contents.

We aim to update the site regularly and may change the content at any point. If the need arises, we may suspend access to the site, or close it indefinitely. Any of the content on the website may be out of date at any time and we are under no obligation to update this material.

The material displayed on the Site is added without any guarantees, conditions, or warranties as to the accuracy of the content. To the extent permitted by law, we hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law, or the law of equity.

This does not affect our liability for any liability which cannot be excluded or limited under applicable law.

To the maximum extent permitted by law, accepts no liability for any of the following:

a.       Any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities.

b.       Loss or corruption of any data, database or software.

c.       Any special, indirect or consequential loss or damage.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, virus or any other technologically harmful material that infects your computer equipment, computer programs, data or other proprietary material due to your use of the site or to downloading any material posted on it, or on any website linked to it.

Applicable law

This agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the agreement (including non- contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts. We also reserve the right to bring proceedings against any persons for a breach of these conditions in your country of residence or any other country.

Malicious Threats and Misuse

You must not knowingly introduce malicious or technologically harmful material to the site (viruses, trojans, worms, logic bombs). Trying to gain unauthorised access to the site, the site’s server, computer or database connected to the site, is forbidden. You must not attack the site through a denial-of-service attack or a distributed denial-of service attack. In breaching these, you would commit a criminal offence under the Computer Misuse Act 1990. We will report breaches to the relevant law enforcement authorities and will co-operate by disclosing your identity to them.

Contract

After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Goods. All orders are subject to acceptance by us, and we will confirm such acceptance to you by taking payment and delivering the Goods. The contract between us (“Contract”) will only be formed when we accept your payment or deliver the Goods (whichever is sooner).

The Contract will relate only to those Goods whose dispatch is confirmed in our delivery note. We will not be obliged to supply any other Goods which may have been part of your order.

The contract between you and us is binding on you and us and on our respective successors and assigns.

You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

Description

All descriptions, photographs or illustrations contained in on our website are published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract. All Goods shown on our website are scarves, pashminas, snoods and face coverings, unless otherwise stated.

Availability and Delivery

Delivery details are set out on the “Delivery” & “Returns” pages of our website. We shall endeavour to deliver your order within the delivery times specified on the “Delivery” page of our website.

However, any dates specified by us for delivery of the Goods are intended to be an estimate only and time for delivery shall not be of the essence.

You, or your representative, will be required to sign to accept delivery of the Goods. If for any reason you fail to accept delivery of any of the Goods or if we are unable to deliver the Goods because you have not provided appropriate instructions or documents: risk in the Goods shall pass to you and the Goods shall be deemed to have been delivered.

Non-delivery

The quantity of any consignment of Goods as recorded by us on dispatch from our place of business shall be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary.

We shall not be liable for any non-delivery of Goods (even if caused by our negligence) unless you give written notice to us of the non-delivery within 7 days of the date when the Goods would in the ordinary course of events have been received.

Our liability for non-delivery of the Goods shall be limited to issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods or refunding to you any payment which you have made to us for the Goods.

Risk and Title

The Goods will be at your risk from the time of delivery or deemed delivery. Ownership of the Goods will only pass to you when we receive full payment (in cleared funds) of all sums due in respect of: the Goods, including delivery charges; and all other sums which are or which become due to us from you on any account.

Price and Payment

The price of any Goods will be as quoted on our website from time to time, except in cases of obvious error. These prices are exclusive of delivery costs, which will be added to the total amount due as set out in the delivery section of the “Delivery” page of our website.

Prices are liable to change at any time, but changes will not affect any orders which we have already accepted.

Our website contains a large number of Goods and it is always possible that, despite our best efforts, some of the Goods listed on our website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where the Goods’ correct price is less than our stated price, we will charge the lower amount when dispatching the Goods to you. If the Goods’ correct price is higher than the price stated on our website, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject your order and notify you of such rejection.

We will contact you at our own discretion with regards of the availability of Goods, if some Goods you order are not available in your order. Please note that we will also ship out Goods prior without notice and refund you the Goods which were not available in your order.

Payment for all Goods must be by credit or debit card acceptable to us. We accept payment with most major credit and debit cards. Payment must be made at the time of the order or otherwise in accordance with such credit terms as we have expressly agreed with you.

Promotions

Offer codes are independent of any other promotion, sale and clearance and may be restricted and not combined or stacked with other promotions on the site or with any other promotional offer code. For example, you will not be able to use a 20% code then add a further 10% code on top. Offer codes may also be withdrawn at any time without prior notification.

Quality

We warrant that (subject to the other provisions of these terms and conditions) on delivery the Goods shall be of satisfactory quality within the meaning of the Sale of Goods Act 1979.

We shall not be liable for a breach of the warranty unless: the Goods are returned to us with our consent and at your expense within 14 days of the date of delivery (we recommend that you use recorded delivery and keep your proof of postage); and we determine in our reasonable discretion that the Goods are defective as a result of faulty materials or workmanship.

We shall not be liable for a breach of the warranty, if: the defect arises because you failed to follow our verbal or written instructions as to the storage, use or maintenance of the Goods or (if there are none) good trade practice; or you alter or repair such Goods without our written consent.

We shall not be liable to you for any alleged loss, theft or damage of the Goods in transit unless this is notified to the carriers and ourselves immediately following delivery and, where it is alleged that the Goods are damaged, the Goods are returned to us with our consent and at your expense within 14 days of the date of delivery (we recommend that you use recorded delivery and keep your proof of postage); and we determine in our reasonable discretion that the Goods are damaged.

Subject to conditions above, if any of the Goods do not conform with the warranty, we shall credit you with the price paid for such Goods.

If we credit you, we shall have no further liability for a breach of the warranty in respect of such Goods. In particular, but without limitation, we shall have no obligation to replace the Goods.

Export Sales

If you order Goods from our website for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

Please also note that you must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable for any breach by you of any such laws.

Written Communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Waiver

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

Severability

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Entire Agreement

These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms and conditions.

Variations

We have the right to revise and amend these terms and conditions from time to time.

You will be subject to the policies and terms and conditions in force at the time that you order Goods from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we accept your order (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Goods).

You are required to check this page occasionally to take notice of any changes that have been made, as you are bound by them. Some of the provisions contained in these terms of use may also be overruled by provisions or notices published elsewhere on the site.