Terms & Conditions
If you have any inquieries regarding any recent purchase from us, please call our customer service on 02073770536 or email us at firstname.lastname@example.org
All orders, without limitation to fashion clothing, made from you to us are subject to the following terms and conditions:
1. The contract between us (applicable if order is placed via website)
We must receive full payment of the whole order before they are delivered.
Once your order has been placed it will be authorized by a member of staff and you will be contacted regarding the stock's quantity confirmation of your order.
When payment has been received by us we will confirm that your order can be dispatched on the day of payments received unless the customer has agreed to postpone the service. Our acceptance of your order brings into existence a legally binding contract between us.
Price and title
1.1 The prices payable for goods that you order are set out in our website (applicable if order is placed via website).
1.2 You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations.
1.3 Our delivery charges are set out in our website and is visible on each page.
1.4 If you qualify for a discount of the price of the goods you will pay the discounted price, the discounted price will include any applicable VAT.
1.5 The goods remain the property of K&S FASHION LTD T/A XTRO LONDON until you have paid for them in full.
Unless we agree in writing a different way of payment, you should pay the goods by credit or debit card prior to dispatch or delivery we DO NOT accept CHEQUEs.
3. Cancellation by us
3.1 We reserve the right to cancel the contract between us if...
3.1.1 we have insufficient stock to deliver the goods you have ordered
3.1.2 we do not deliver to your area; or
3.2 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
3.3 If we do cancel your order we will notify you by e-mail or via telephone, we will not be obliged to offer any additional compensation for disappointment suffered.
3.4. If we cannot get in contact with you within 72 hours after you placed your order.
4. Delivery of goods to you
4.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
4.2 Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of you order.
4.3 Subject to clause 2.5 above, you will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
5.1 Save where the clothing are second-hand garment and subject to this clause 7, these are sold with the benefit of the manufacturer’s warranty or guarantee and subject to the terms applicable to such warranty or guarantee.
5.2 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question. No liability is accepted for any defect resulting from fair wear and tear, willful damage, water or liquid damage or where the clothing is a second -hand garment.
5.3 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods. If you notify a problem to us under this condition, our only obligation will be, at your option:
5.3.1 to make good any shortage or non-delivery;
5.3.2 to replace or repair any goods that are damaged or defective; or
5.3.3 to refund to you the amount paid by you for the goods in question in whatever way we chose.
5.4 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damages or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 7.3.3 above.
5.5 You must observe and comply with all applicable law regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
5.6 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer, neither 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.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must in writing and sent to our contact address at 97 Commercial Road, London, E1 1RD and all notices from us to you will be displayed on our website from time to time (applicable if order is placed via website) or sent to the address provided to us with your order. Any changes should be notified to us in writing via post or email.
7. Events beyond our control
We shall have no liability to you from any failure to deliver goods you have ordered or any delay in doing so for any damage or defect to goods delivered that is caused by any event or circumstances beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
9. Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under UK Contracts (rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of third party that exists or is available apart from that Act.
10. Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputed between us.
11. Entire agreement