Welcome to Charmeuse Couture terms and conditions for retail and wholesale sectors. Please read through them carefully before placing your order.
1. In General
Before placing an order, if you have any queries relating to these terms and conditions, please contact our Customer Care team. We may change these terms from time to time without notice to you. Changes will apply to any subsequent orders received.
Access to this website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire website.
2. Terms of Sale
All orders are subject to availability and confirmation of the order price. When you place an order on our website we shall email you an acknowledgement. Our acceptance of an order does not take place until dispatch of the order, at which point the purchase contract will be made and you will be charged.
Once you have checked out and your order has been confirmed you will not be able to make any changes to your order so please make sure that everything is correct before clicking the confirm button.
Dispatch times may vary according to availability and any guarantees made as to delivery times are subject to any delays resulting from postal delays for which we will not be responsible.
Any discounts triggered by the entry of a promotional code will not be applied until the order is accepted but will be detailed on the invoice.
We reserve the right to refuse an order. Non-acceptance of an order may, for example, result from one of the following:
* The product ordered being unavailable from stock
* Our inability to obtain authorisation of payment
* The identification of an error within the product information, including price or promotion
If there are any problems with your order we shall contact you. We reserve the right to reject any offer to purchase by you at any time.
In order to purchase products from Charmeuse Couture you must possess either a Paypal account or a valid credit or debit card issued by a bank acceptable to us. Charmeuse Couture retains the right to refuse any request made by you. When placing an order you undertake that all details you provide to us are accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.
We will take all reasonable care to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the website.
Promotional discount codes - We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website. The conditions of use relating to any discount code will be specified at the time of issue.
Whilst we try and ensure that all details, descriptions and prices which appear on this website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.
3. Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Where applicable, prices are inclusive of VAT. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies
All our prices are in Pounds Sterling. If you are shopping from outside the UK, place your order, and your credit card company will automatically convert the transaction to your own currency. Goods will not be dispatched until your payment has been authorised and debited. All authorised orders will be dispatched on the same or next working day. You are solely responsible for monies owed for all goods and services purchased through this site, including, but not limited to, applicable taxes, VAT, Custom’s or Duty fees or taxes, localized sales taxes, extra incurred shipping costs due to incorrect address information entered by you, shipping charges, insurance, and any other associated costs.
You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. Charmeuse Couture will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
5. Return Policy
If you are not happy with the goods that you receive, we are happy to offer you exchanges or refund. Please note that this excludes Sales items. All returns or exchanges need to be done within 14 days of receipt of the goods. All items should be returned in their original packaging, unmarked and in the same condition in which they were delivered. Please do not remove any tags from the garment, otherwise we will not be able to exchange or refund your purchase.
Please note that we cannot refund pierced jewellery or swimwear for hygiene purposes, unless the item you receive is faulty or is of unsatisfactory quality. We also request that the consumer take reasonable care of the goods and any items found with make-up stains cannot be exchanged or refunded.
Please note that you are responsible for the cost of sending the goods back. If you decide to return the goods, you will have to cover the costs for delivering the goods back to us. If you’d like to exchange the goods for a different size or colour, we are happy to assist too. However, after we receive the goods from you, you will also need to pay the postage for us to send your required goods to you.
We may offer free delivery to the UK and other countries under certain condition. If have used our free delivery offer and would like to make refund on your unsuitable purchases, we will deduct the postage that that we spent shipping the goods to you from the full product price when refunding your money.
Under the UK’s Distance Selling Regulations, you have the right to cancel your order for any product purchased from Charmeuse Couture for refund. Order cancellations must be made in writing to email@example.com, within 14 working days after you receive the goods. If your order has already been processed, you will need to return the order to us once you receive it before we offer you the refund.
Please make sure to quote your order number when contacting us for a refund. All original forms, receipt or invoice should be included in your package when you send your order back to us. Failure to do so may cause delays in processing your refund or exchange.
We reserve the right not to issue a refund if you return items outside the terms of our Return Policy. Such items may be returned to you at your expense and you will be notified of the applicable charges. If you send the item back to us again, or refuse to accept delivery, this will be deemed to be irreversible authority for us to dispose of your goods without further notice. Disposal will not constitute any admission on our part that we have failed in any way to fulfill our obligations to you and will not constitute any unlawful action against the goods.
The returned parcel is the customer's responsibility until it is received by us, thus We advise you to use recorded delivery to send the goods back to us for refund or exchange. This will enable the goods to reach us securely and can be traced. If you do choose to use standard service, we will not be able to track the goods and therefore we will not be held responsible for any goods lost. In that case, we will not be able to process your refund or exchange claim.
Please be advised to keep your postage receipt from the Post Office / Courier as proof of the return.
In most of the cases, we can only offer an exchange of the same product in a different size or colour and you may only exchange the same item once. Please allow up to 7 working days for us to process your exchanges. If we are unable to exchange the item we will email you with an explanation and offer you a full refund minus the original shipping costs.
Please refer to our Return Policy page for more detailed information.
6. Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
1 Application of Conditions
1.1 The Seller shall sell and the Buyer shall purchase the Goods in accordance with any quotation or offer of the Seller which is accepted by the Buyer, or any order of the Buyer which is accepted by the Seller.
1.2 These conditions shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Buyer.
2 Basis of Sale
2.1 No variation to these Conditions shall be binding unless agreed in writing between the authorized representatives of the Buyer and the Seller.
2.2 Sales literature, price lists and other documents issued by the Seller in relation to the Goods are subject to alteration without notice and do not constitute offers to sell the Goods which are capable of acceptance.
2.3. Any typographical, clerical or other accidental errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
3 Online Sales
3.1 The Buyer will not engage, directly or indirectly, in any sales of Charmeuse Couture products on any website which does not fall under the direct control of the Buyer without specific written consent of the Seller.
4 Orders and Specifications
4.1 No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed in writing by the Seller’s authorized representative.
4.2 No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in writing from the Seller, who shall be entitled to claim compensation of 50% of the order value.
4.3 Certain Goods or part of the order may become unavailable under certain circumstances, or for certain reasons, the Seller is unable to fulfill the order in full, the Seller shall refund the Buyer for the unavailable Goods that the Buyer has paid for, or to make arrangement with the Buyer to replace the order with other available Goods.
5.1 Payment is due on notification that the goods are ready for delivery unless credit terms have been agreed at the time of placing the order. Goods can only be held for 15 working days without payment once notification has been given, thereafter a daily charge of of £3 will be incurred unless other terms have been agreed.
5.2 All payments must be made by cheque or bank transfer unless an alternative method of payment has been agreed with the Seller. Card payments can also be accepted via the telephone with an additional 2.5% surcharge (which is non-refundable).
6.1 The Delivery Date is approximate only and time for delivery shall not be of the essence unless previously agreed by the Seller in writing. The Goods may be delivered by the Seller in advance of the Delivery Date upon giving reasonable notice to the Buyer.
7 Inspection / Shortage
7.1 The Buyer is under a duty whenever possible to inspect the Goods on delivery or on collection as the case may be.
7.2 The Seller shall be under no liability for any damage or shortages that would be apparent on reasonable careful inspection if the terms of this clause are not complied with and, in any event will be under no liability if a written complaint is not delivered to the Seller within 8 days of delivery detailing the alleged damage or shortage.
7.3 The Seller shall make good any shortage in the Goods and where appropriate replace any goods damaged in transit as soon as it is reasonable to do so, but otherwise shall be under no liability whatsoever arising from such shortage of damage.
8 Risk and Retention of Title
8.1 Risk of damage to or loss of the Goods shall pass to the Buyer at:
8.1.1 in the case of Goods to be delivered at the Seller’s premises, the time when the Seller notifies the Buyer that the Goods are available for collection; or
8.1.2 in the case of Goods to be delivered otherwise than at the Seller’s premises, the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods. Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, legal and beneficial title of the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods.
8.2 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods which remain the property of the Seller, but if the Buyer does so all money owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.
8.3 The Seller reserves the right to repossess any Goods in which the Seller retains title without notice. The Buyer irrevocably authorizes the Seller to enter the Buyer’s premises during normal business hours for the purpose of repossessing the Goods in which the Seller retains title.
8.4 The Buyer’s right to possession of the Goods in which the Seller maintains legal and beneficial title shall terminate if;
8.4.1 The Buyer commits or permits any material breach of his obligations under these Conditions;
8.4.2 The Buyer enters into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with his creditors;
8.4.3 The Buyer is or becomes the subject of a bankruptcy order or takes advantage of any other statutory provision for the relief of insolvent debtors;
9.1 The Seller may assign the Contract or any part of it to any person, firm or company.
9.2 The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Seller.
10 Buyer’s Default
10.1 If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to:
10.1.1 cancel the order or suspend any further deliveries to the Buyer;
10.1.2 charge the Buyer interest (both before and after any judgment) on the amount unpaid, at the rate of ten cent per annum above National Westminster Bank plc base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
11 Limitation of Liability
11.1 the Seller’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price; and
11.2 the Seller shall not be liable to the Buyer for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
12 Confidentiality, Publications and Endorsements
12.1 The Buyer undertakes to the Seller that:-
12.1.1 the Buyer will regard as confidential the contract and all information obtained by the Buyer relating to the business and/or products of the Seller and will not use or disclose to any third party such information without the Seller’s prior written consent provided that this undertaking shall not apply to information which is in the public domain other than by reason of the Buyer’s default;
12.1.2 the Buyer will not use or authorize or permit any other person to use any name, trademark, house mark, emblem or symbol which the Seller is licensed to use or which is owned by the Seller upon any premises note paper visiting cards advertisement or other printed matter or in any other manner whatsoever unless such use shall have been previously authorized in writing by the Seller and (where appropriate) its Licensor;
12.1.3 the Buyer will use all reasonable endeavours to ensure compliance with Condition by its employees, servants and agents.
12.2 This Condition shall survive the termination of the Contract.
If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question in question shall not be affected thereby.
14 Third Party Rights
A party who is not a party to the Contract shall have no rights under the Contract pursuant to the Contracts (Rights of Third Parties) Act 1999.
15 Governing Law and Jurisdiction
The Contract shall be governed by the laws of England and the parties agree to submit to the exclusive jurisdiction of the English courts.