TERMS AND CONDITIONS
- What these terms and conditions cover. These are the terms and conditions on which we supply our products to you. By products, we mean any of the products that are listed on our website (http://www.dressmezee.com).
- Why you should read them. Please read these terms and conditions carefully before you submit your order to us. These terms and conditions tell you who we are, how we will provide our products, how you can change or end our contract, what to do if there is a problem and other important information that you should be aware of. If you think that there is a mistake in these terms and conditions, or if you require any other changes, please contact us as soon as possible.
Information about us and how to contact us
- Who we are. We are Dressmezara Limited, a company registered in England and Wales. Our company registration number is 09419507 and our address is Unit 17 Atley Business Park, Cramlington, Northumberland, NE23 1WP.
- How to contact us. You can contact us by writing to us at firstname.lastname@example.org or Unit 17 Atley Business Park, Cramlington, Northumberland, NE23 1WP.
- How we may contact you. If we need to contact you, we will do so by telephone or by writing to you at the email address or postal address that you provided to us in your order.
- "Writing" includes emails. When we use the words "writing" or "written" in these terms and conditions, this includes emails.
Our contract with you
- How we will accept your order. Acceptance of your order will take place when we email you to confirm that the product has been dispatched, at which point a contract will come into existence between you and us.
- If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product.
- 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.
- Our products may vary slightly from any images that you see. Any images of our products are for illustrative purposes only. Although we make every effort to display colours accurately, we cannot guarantee that any images that you see will accurately reflect the colours of our products. By agreeing to these terms and conditions, you accept that our products may vary slightly from any images that you see.
- Your rights to make changes
If you wish to make a change to any product that you have ordered, please contact us as soon as possible. We will let you know if the change is possible. If it is, we will let you know how the change affects the price and timing of supply, as well as anything else that you may need to know. We will ask you to confirm that you still wish to go ahead with the change. If we cannot make the change, or if the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8).
Our rights to make changes
Minor changes to our products and these terms and conditions. We may change our products and these terms and conditions at any time:
- to reflect changes in relevant laws and regulatory requirements; and
- to implement minor technical adjustments and improvements.
- More significant changes to our products and these terms and conditions. If we need to make more significant changes to our products and these terms and conditions, we will notify you as soon as possible. You may then contact us to end the contract before the changes take effect. If you do so, you will receive a refund for any products paid for but not received.
- Minor changes to our products and these terms and conditions. We may change our products and these terms and conditions at any time:
Providing OUR products
- Delivery costs. The costs of delivery will be as displayed to you on our website https://dressmezee.com/pages/shipping.
- When we will provide the product. During the order process, we will let you know when we will provide the product to you. As a matter of course, we always endeavour to deliver our products as soon as reasonably possible and, in any event, within 30 days after the day on which we accept your order.
- We are not responsible for delays outside our control. If our supply of the product is delayed by an event outside our control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of any delay. Provided that 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 paid for but not received.
- When you become responsible for the product. The product will become your responsibility from the time that we deliver it to the address that you have given us.
- When you own the product. You own the product when we have received payment from you in full.
Reasons why we may suspend the supply of our products to you. We may have to suspend the supply of our products to:
- deal with technical problems or make minor technical changes;
- update the product to reflect changes in relevant laws and regulatory requirements; or
- make changes to the product as requested by you or notified by us to you (see clause 6).
- Your rights if we suspend the supply of our products. We will contact you in advance to tell you that we will be suspending the supply of our products, unless the problem is urgent or an emergency and we do not have time to do so. You may contact us to end the contract if we suspend the supply of the product that you have ordered, or tell you we are going to suspend it, and we will refund you any sums that you have paid for the product.
Your rights to end the contract
You can always end your contract with us. 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. Specifically:
- if what you have bought is faulty, or is not how it was described to you, you may have a legal right to end the contract or to get the product repaired or replaced (see clause 11);
- if you want to end the contract because of something that we have done, or told you that we were going to do (see clause 2); and
- if you have just changed your mind about the product (see clause 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.
Ending the contract because of something that we have done or something that we are going to do. If you are ending the contract for a reason set out below, the contract will end immediately and we will refund you for any product not provided. The reasons are:
- we have told you about an upcoming change to the product or these terms and conditions that you do not agree to (please see clause 2);
- we have told you about an error in the price or description of the product that you have ordered and you do not wish to proceed;
- there is a risk that supply of the product may be significantly delayed because of events outside our control;
- we have suspended supply of the product for technical reasons or notify you that we are going to suspend them for technical reasons; or
- you have a legal right to end the contract because of something we have done wrong.
- 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 below.
When you do not have the right to change your mind. You do not have a right to change your mind in respect of:
- any product that has been personalised or custom-made for you;
- any product sealed for health protection or hygiene purposes eg swimwear, once it has been unsealed after being received by you;
- any product that has been washed, worn (except for the purposes of trying on) and without its original tags attached;
- pierced earrings; and
- any product that has become mixed inseparably with other items after its delivery.
- How long you have to change your mind. You have 14 days after the day on which you receive the product.
- You can always end your contract with us. 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. Specifically:
How to end the contract with us (including if you have changed your mind)
Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
- by email. Email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address;
- by post. Print off the cancellation form at the end of these terms and post it to us at Unit 17 Atley Business Park, Cramlington, Northumberland, NE23 1WP. Or simply write to use at that address, including details of what you bought, when you ordered or received it and your name and address.
- Returning our products after ending the contract. If you end the contract for any reason after the product has been dispatched to or received by you, you accept that you must return it to us. You must post the product back to us at the above address. If you are exercising your right to change your mind, you must send the product to us within 14 days of telling us that you wish to end the contract.
When we will pay the costs of return. We will pay the costs of return:
- if the product is faulty; or
- if you are ending the contract because we have told you of an upcoming change to the product or these terms and conditions, 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.
- Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
In all other circumstances (including where you are exercising your right to change your mind), you must pay the costs of return.
- How we will refund you. We will refund you the price that you paid for the product by the method that you used for payment or you can request a credit. However, we may make deductions from the price as described in clause 9.6.
- When your refund will be made. 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 within 14 days from the day on which we receive the product back from you. For information about how to return our products, see clause 2. We strongly recommend you return your product recorded delivery and/or obtain a proof of postage receipt from the Post Office as we can’t be held responsible for packages that fail to arrive.
- When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind we may reduce your refund of the price 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. See our Refund Policy page https://dressmezee.com/pages/returns for information about what handling is acceptable. 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.
9.7 Exchanges. Unfortunately we do not currently exchange products. Due to fast moving stock we cannot guarantee that we will have your size available. You can return your item to us within 14 days, and place a new order with your item of choice.
9.8 Store credit. Store credit can be issued instead of a refund and is issued in the form of a gift card. Store credit may be exchanged for goods of a higher price than the value stored on the card on payment of the difference. If you do not spend the entire balance on the gift card the remaining balance will remain stored on the gift card and no cash change will be given. If a product purchased with store credit is returned, any refund due to you will be issued as a gift card. If you return a product purchased with multiple payment methods, any refund due will first be refunded to the gift card up to the original amount due, following which the remaining balance of any refund will be transferred to the payment method used for the original transaction (e.g. card or PayPal account). Store credit is valid for 12 months after issue. Any remaining balance will be cancelled on the expiry of the validity period.
We may end the contract if you break it. We may end the contract at any time by writing to you if:
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; and
- you do not, within a reasonable time, allow us to deliver the product to you.
- You must compensate us if you break the contract. If we end the contract in the situations set out in clause 3, we will refund any money that you have paid in advance for the product, but we may deduct reasonable compensation for the net costs that we will incur as a result of you breaking the contract.
- We may withdraw our products. We may write to you to let you know that we are going to stop providing the product. We will let you know in advance of stopping the supply of the product and will refund you any sums that you have paid in advance for the product which will not be provided.
If there is a problem with the product
- How to tell us about problems. We are under a legal duty to supply products that are in conformity with this contract. If you have any questions or complaints about the product, please contact us. You can write to us at firstname.lastname@example.org or Unit 17 Atley Business Park, Cramlington, Northumberland, NE23 1WP, including details of what you bought, when you ordered or received it and your name and address.
Price and payment
- Where to find the price of our products. The price of our products (which includes VAT) will be the price indicated on the order pages when you placed your order with us. We use our best efforts to ensure that all advised prices are correct.
- We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date that we dispatch 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.
- What we will do if we get the price wrong. It is always possible that, despite our best efforts, some of our products may be incorrectly priced. If we accept and process your order where a pricing error is obvious, unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums that you have paid and require the return of any products provided to you.
- When and how you must pay. We accept payment with PayPal. You must pay for the product before we dispatch it.
Our responsibility for loss or damage suffered by you
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms and conditions, 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 that the contract was made, we both knew that it might happen.
- 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; and for defective products under the Consumer Protection Act 1987.
- We are not liable for business losses. These products are for your own domestic and private use only. You agree not to use our products for any commercial, business or re-sale purpose and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
How we may use your personal information
Other important terms
- We may transfer this contract to someone else. We may transfer our rights and obligations under these terms and conditions to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this contract.
- Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- If a court finds part of this contract illegal, the rest of it will continue in force. Each paragraph of these terms and conditions 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.
- 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 and conditions, 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.
- Which laws apply to this contract and where you may bring legal proceedings? These terms and conditions are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
- 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 the alternative dispute resolution provider.
- Our site. www.dressmezee.com is a site operated by Dressmezara Limited (CRN: 09419507).
- Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.
- No reliance on Information. The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
Limitation of Liability.
- To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
- We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
- We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
- We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Last updated May 2018
MODEL CANCELLATION FORM FOR CONSUMER CUSTOMERS
(Complete and return this form only if you wish to withdraw from the contract)
To Dressmezara Limited, Unit 17 Atley Business Park, Cramlington, Northumberland, NE23 1WP, email@example.com.
I [*] hereby give notice that I [*] cancel my contract of sale of the following goods [*]
Ordered on [*]
Order Number [*]
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),