The Collection: Terms and Conditions
1.1 We are: The Collection By Alice Rebecca Ltd
Company number 06046352
1.2 These are the terms and conditions referred to in your order ('Order') for us to supply you with your order from thecollectioncumbria.co.uk ('Goods').
1.3 You can contact us in the following ways:
- in writing: The Collection, 2-4 Wilson St, Workington, CA14 4AZ
- by phone: 0190067000
- by email: firstname.lastname@example.org
2.1 The Order is your offer to buy the goods from us on these Conditions, and you must make sure that the Order (and any required size, colour and specification of the Goods that form part of your Order) is correct.
2.2 When we email you your order confirmation, you have a binding contract with us, and these Conditions are part of it.
2.3 The contract is our entire agreement. No previous statements or representations that we have made to you form part of the contract unless they are written into it. This includes advertising, catalogues and other promotional or descriptive material.
3.Delivery of the Goods
3.1 All delivery charges are detailed on your order confirmation form and are outlined clearly before you confirm your order online.
3.2 We ship our items with the Royal Mail using their most appropriate service with the applicable insurance for the goods. If, for some reason, we have to use a different courier service, we will inform you prior to shipping.
3.3 We will give you a delivery note with each delivery of goods. It will state the Order date, the Order reference number, the type of goods.
3.4 We will deliver the goods to your specified delivery address within 3 working days after we send you a Notice that they are ready and have been shipped. However, Delivery dates are approximate, and time of delivery is not guaranteed. Delivery will be completed when the goods are delivered to the delivery address on your Order.
3.5 If we fail to deliver the goods, our legal responsibility to you will be limited to your costs of obtaining replacements of similar type and quality at the cheapest available price, less the price of the goods. We will not be legally responsible to you for non-delivery if you give us inadequate delivery or other supply instructions.
3.6 We are allowed to deliver the goods in instalments. If we do this, each instalment will make up a separate contract with its own invoice and payment arrangements. If an instalment is delayed, you may not cancel other instalments because of the delay.
3.7 If we refuse to deliver the goods, you may treat the Contract as being at an end and we will reimburse you without undue delay. Alternatively, you may, instead of treating the Contract as being at an end, specify a new delivery time or time period. If we continue to fail to deliver the Goods, you may treat the Contract as being at an end and we will reimburse you without undue delay.
4.1 You may cancel your Order within 14 days of receipt of the goods. You then have 14 days to return the goods to the store. The payment will be refunded to you within 14 days of the items being returned to the store.
4.1.1 You must inform us of your intention to return the item, by email to email@example.com within 14 days of receipt of the goods stating your original order number and request an order cancelation form.
4.1.2 You are responsible for returning the items in their original condition. All labels must be in their original state and location. Items must be unworn, unwashed and free from defects, damage, marks or stains. This includes, but is not limited to, makeup, deodorant, food or drink.
4.1.3 You must return the goods to us at The Collection, 2-4 Wilson Street, Workington,
4.1.4 The goods are to be returned at your own cost.
4.2 You may cancel your Order at any time before we ship the goods by contacting us by email or phone to request an order cancelation form.
4.3 We may cancel your Order at any time before we ship the goods in the following circumstances:
4.3.1 The goods are no longer in stock and we are unable to re-stock (if, for example, the goods are discontinued); or
4.3.2 An event outside of our control set out in Clause 6.3 continues for more than 14 days.
4.4 If we cancel your Order under sub-Clause 4.3 and you have already paid for the goods, the payment will be refunded to you within 14 days. If we cancel your Order, the cancellation will be confirmed by us by email.
4.5 If you discover that some or all of the goods do not meet the standard that you would expect, you can either reject them within 14 days of their receipt by first contacting us by email at firstname.lastname@example.org, or request that we replace them, or (if we fail to do that) require us to refund you the price of the defective goods. This will only apply, however, if you have done the following:
4.5.1 given us a reasonable opportunity of examining the goods,
4.5.2 returned the goods to us at The Collection, 2-4 Wilson Street, Workington,
4.5.3 the goods are to be returned at your own cost.
4.5.4 You should return goods to us in their original packaging, wherever possible, within 14 days of informing us of your wish to cancel. If you return goods to us, we will not be responsible for any loss or damage to them during transit and we recommend that you use a recorded or secure delivery method with the appropriate insurance cover. If goods are lost or damaged in transit, we may charge you, or not refund to you, amounts that are attributable to the loss or damage.
4.6 Clause 4.5 does not apply if:
4.6.1 you continue to use the goods after you have given us Notice of a defect;
4.6.2 the defect has arisen because you have failed to follow any written or oral instructions on the use, storage, cleaning or maintenance of the goods;
4.6.3 you alter or repair the goods without previously getting our written agreement;
4.6.4 the defect is a result of fair wear and tear, negligence, (being your lack of reasonable care), abnormal storage or deliberate damage;
4.7 Our promise only applies on the basis of this clause, but it also applies on the same basis to any replacement goods that we supply.
5.Price and Payment
5.1 The price of the goods is stated in our acceptance of your Order. VAT, Shipping and Handling costs are all detailed clearly and are paid for at the same time.
5.2 We are allowed to increase the price, by giving you a Notice of increase before we deliver the goods, but only to take into account any of the following:
5.2.2 changes in delivery dates, or quantities or types of goods that you have asked for;
5.2.3 delay caused by you, or your supplying us with inadequate or inaccurate instructions.
5.3 We have made every reasonable effort to ensure that our Prices are correct. Prices will be checked when we process your Order. If the actual Price of the Goods is lower than that stated in your Order, you will be charged the lower Price (unless the lower price was an obvious mistake that you could have reasonably recognised). If the actual Price of the Goods is higher than that stated in your Order, we will ask you how you wish to proceed.
6.Limitations on our Legal Responsibilities
6.1 We will not be legally responsible to you for any loss of profit or any loss which you allege arises as a consequence from our contract with you, and our total legal responsibility to you under the contract will not exceed the price of the goods.
6.2 These Conditions do not limit our legal responsibility for death, personal injury caused by our unreasonable carelessness (known as negligence) or that of our employees, agents or sub-contractors , fraud, defective products under the piece of legislation known as the Consumer Protection Act 1987, breach of the requirements that our goods be of satisfactory quality, fit for purpose, match a sample, or match a model seen; or any other matter that the law says we can't exclude (for example under the Consumer Rights Act, 2015).
6.3 Neither of us will be legal responsible to the other for failure or delay in carrying out this contract which is caused by an event beyond our reasonable control, which we could not have foreseen or which was unavoidable. This includes industrial disputes, energy or transport failures, acts of God, war, terrorism, civil unrest (such as riots), explosions, mechanical breakdown, natural disasters, deliberate damage, or being let down by suppliers or sub-contractors.
7.1 We always welcome feedback from our customers and, whilst we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint.
7.2 If you do have a complaint please write to The Collection, 2-4 Wilson Street, Workington, CA14 4AZ or email email@example.com
We aim to deal with all complaints quickly and with understanding.
7.3 The Parties will use their best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to this Agreement or any breach of it.
7.4 If any such dispute cannot be settled amicably through ordinary negotiations between the Parties, or either or both is or are unwilling to engage in this process, either Party may propose to the other in writing that structured negotiations be entered into with the assistance of a fully accredited mediator before resorting to litigation.
7.5 You have the right to refer the dispute to the EU’s Online Dispute Resolution Platform at http://ec.europa.eu/odr. If you decide to use this service, please use this email address for The Collection (firstname.lastname@example.org) when asked for the trader’s email address when completing the form.
7.6 Any dispute shall not affect the Parties' ongoing obligations under the Agreement.
7.7 The contract operates under by English law and only the courts of England and Wales will have the right to deal with any disputes arising from it.