OUR TERMS

 

 

 

1.  THESE TERMS 

 

 

 1.1  These are the terms and conditions on which we supply products to you.  Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

 

 1.2  These terms and conditions apply to you purchasing our products to consumer i.e a person who is not acting in the course of a trade, business or profession.  By accepting these terms you agree that you are purchasing our products as a consumer.

 

 2.  INFORMATION ABOUT US AND HOW TO CONTACT US 

 

 2.1 We are HIGHENDFASHION.STORE a company registered in England and Wales. Our company registration number is 1085833 and our registered office is at 601 International House, 223 Regent Street, London W18 2QD United Kingdom.

 

 2.2  You can contact us by writing to us at our registered office above or by emailing us at info@highendfashion.store.

 

2.3   If we have to 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.

 

3.  OUR CONTRACT WITH YOU 

 

3.1  Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

 

3.2  If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

 

3.3  Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

 

3.4  You can order our products from any Country but any goods ordered from outside of the UK or to be delivered outside of the UK will be subject to some additional and/or differing terms that apply – these are set out at Clause 16.

 

4.  OUR PRODUCTS 

 

4.1  Products may vary slightly from their pictures. The images of the products 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 products. Your product may vary slightly from those images.

 

4.2  The packaging of the product may vary from that shown in images on our website.

 

4.3  If we are making any product to your specific requirements, then you are solely responsible for ensuring that the information you give to us is correct.

 

5.  YOUR RIGHTS TO MAKE CHANGES 

 

If you wish to make a change to the product 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, the timing of supply or anything else which would be necessary as a result 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 (see Clause 8.- Your rights to end the contract).

 

6.  OUR RIGHTS TO MAKE CHANGES 

 

We may change any product to reflect changes in relevant laws and regulatory requirements.

 

 

7.  PROVIDING THE PRODUCTS 

 

 

7.1  The costs of delivery will be as displayed to you on our website.

 

7.2  Delivery of the products.  We will deliver the product:

 

7.2.1  In most cases (but not personalised or bespoke goods) we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order;

 

7.2.2  For personalised and bespoke products (those products made specifically to your specification)  we will provide an approximate date of delivery.

 

7.3  We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then 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 and receive a refund for any products you have paid for but not received.

 

7.4  If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to[rearrange delivery or collect the products from a local depot.

 

7.5  If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and Clause 10.2 will apply.

 

7.6  When you become responsible for the goods. A product will be your responsibility from the time we deliver the product to the address you gave us or you.

 

7.7  You own a product which is goods once we have received payment in full.

 

 

8.  YOUR RIGHTS TO END THE CONTRACT 

 

8.1  Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

 

(a)  If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced), see Clause 11.;

 

(b)  If you want to end the contract because of something we have done or have told you we are going to do, see Clause 8.2;

 

(c)  If you have just changed your mind about the product, see Clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;

 

(d)  In all other cases (if we are not at fault and there is no right to change your mind), see Clause 8.7.

 

8.2  Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (c) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:

 

(a)  we have told you about an upcoming change to the product or these terms which you do not agree to (see Clause 6.2);

 

(b)  we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

 

(c)  you have a legal right to end the contract because of something we have done wrong.

 

8.3  Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products 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.

 

 

8.5  When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:

 

(a)   Any of our personalised products or products that are bespoke (i.e. made specifically for you)

 

(b)   Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;

 

(c)  Products that are not sealed but have protective sealing on them and the protective sealing has been removed (such as underwear, swimming clothes etc)

 

(d)  Products which by their very nature cannot be returned due to health protection and hygiene purposes, such as earrings.

 

8.6  How long do I have to change my mind?   You have 14 days after the day you (or someone you nominate) receives 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 last delivery to change your mind about the goods.

 

8.7  Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see Clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered, and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.

 

9.  HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND) 

 

9.1  To end the contract with us, please let us know by doing one of the following:

 

(a)  Email. Email us at info@highendfashion.store. Please provide your name, home address, details of the order and, where available, your phone number and email address.

 

(b)  Online. Complete the [form INSERT LINK TO ONLINE FORM] on our website.only if there is to be one, which is not mandatory

 

(c)  By post. Print off the form at the end of these terms and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.

 

9.2  Returning products after ending the contract, allow us to collect them from you. Please email us at info@highendfashion.store for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.

 

9.3 We will pay the costs of return:

 

(a)  if the products are faulty or misdescribed;

 

(b)  if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong/

 

In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

 

9.4  What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.

 

9.5  How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

 

9.6  Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

 

(a)  We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

 

(b)  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 within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

 

9.7  We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made

 

(a)   Within 14 days from the day on which we receive the product back from you; or

 

(b)  Where we have not dispatched the products to you, within 14 days of your telling us you have changed your mind

 

 

10.  OUR RIGHTS TO END THE CONTRACT 

 

10.1  We may end the contract for a product at any time by writing to you if you do not, within a reasonable time of us asking for it, allow us to deliver the products to you.

 

 

10.2  You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

 

10.3  We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will refund any sums you have paid in advance for products which will not be provided.

 

11.  IF THERE IS A PROBLEM WITH THE PRODUCT 

 

11.1 If you have any questions or complaints about the product, please email us at info@highendfashion.store.

 

11.2  Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.  We will provide products to you that:

 

  • Are of satisfactory quality;
  • Fit for the general purpose for which they are intended;
  • Meet any description given to them.

 

 

 11.3  Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us at 601 International House, 223 Regent Street, London W18 2QD or (if they are not suitable for posting due to their size) allow us to collect them from you. Please email us at info@highendfashion.store  for a return label. We will pay the costs of postage or collection if we agree that the goods were in breach of the terms of this contract.

 

12.  PRICE AND PAYMENT 

 

12.1  The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 12.3 for what happens if we discover an error in the price of the product you order.

 

12.2  We will pass on changes in the rate of VAT. If we become VAT registered and/or the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

 

12.3  What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

 

12.4  When you must pay and how you must pay.  Methods of payment are set out on our website and payment must be made at the time that you submit your order to us. 

 

12.5  We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of Lloyds Bank from time to time. This interest shall accrue on a daily basis 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.

 

13.  OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU 

 

13.1  We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

 

13.2  We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us.

 

13.5  We are not liable for business losses. We only supply the products for domestic and private use. If you use the products 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.

 

14.  HOW WE MAY USE YOUR PERSONAL INFORMATION 

 

14.1  How we will use your personal information. We will use the personal information you provide to us:

 

(a)  to supply the products to you;

 

(b)  to process your payment for the products; and

 

(c)  if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.

 

Please refer to our full Privacy and Cookies policy

https://highendfashion.store/index.php?id_cms=2&controller=cms&id_lang=1

 

 15.  OTHER IMPORTANT TERMS 

 

15.1  We may transfer our rights and obligations under these terms to another organisation and we will ensure that the transfer will not affect your rights under the contract.

 

15.2  You may not transfer your rights or your obligations under these terms to another person unless we agree to this in writing.

 

15.3  This contract is between you and us. 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 in order to end the contract or make any changes to these terms].

 

15.4  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.

 

15.5  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 at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

 

 15.6  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 products in the English courts.

 

 

 15.7  Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider.  At present, we are not a member of any ADR.  In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.]

 

16.  ADDITIONAL/DIFFERING  TERMS IF YOU ARE ORDERING OUTSIDE OF THE UK

 

        AND/OR THE GOODS ARE TO BE DELIVERED OUTSIDE OF THE UK

 

16.1  The timing and the cost of delivery will be as shown on our website.

 

16.2  You are responsible for payment of any import tax, local duties etc. that may be payable upon delivery of the products. 

 

16.3  The products will be deemed delivered if, for any reason, they are seized by any import or  other government body due to the non-payment of import duties.

 

16.4  If you cancel this contract for goods that have been delivered outside of the UK we will reimburse to you the cost of the goods once you have returned them to us, but not the cost of postage/delivery.   BUT WE WILL DEDUCT THE ORIGINAL DELIVERY COSTS EVEN IF WE HAVE NOT CHARGED THESE TO YOU IN THE FIRST INSTANCE

 

16.5  You will also be responsible for paying any duties or tax payable on the products when they are delivered back to the UK.

 

16.6  Payments can be made in pound sterling (GBP), Euro (EUR) or in United States dollars (USD.  Where payments are made in EUR or USD you accept that we have no control over any transaction charges or the exchange rate set by either your payment provider or our payment processing agent.

 

 

 

 

 

MODEL CANCELLATION FORM

 

(Complete and return this form only if you wish to withdraw from the contract)

 

 

To

 

 

 

I/We [*]

 

hereby give notice that I/We [*]

 

 

Wish to cancel my/our [*] contract of sale of the following goods [*]

 

 

 Ordered on [*]

 

received on [*],

 

 

Name of consumer(s),

 

Address of consumer(s),

 

 

 

 

Signature of consumer(s) (only if this form is notified on paper),

 

Date

 

[*] Delete as appropriate