SECTION A -TERMS & CONDITIONS
These Terms and Conditions of Purchase (“Terms and Conditions”) apply to shop.afflecks.com (the “Site”). The Site includes products available for purchase (“Goods”) from each of the Site storefront merchants, together the “Sellers” and each a “Seller”, who have contracted with Afflecks a company registered in England under Company Registration Number 06504428 and the Registered Office is City Tower Piccadilly Plaza, Manchester, M1 4BT, United Kingdom (“Marketplace”) solely to operate the relevant shopping areas of the Site and related ecommerce features and functionalities (the “Shopping Areas”) for purposes of facilitating transactions.
The Terms and Conditions set out in section B below, which form a legally binding contract between you and the relevant Seller (as appropriate) governing your rights in relation to the purchase of any Goods and the manner in which the relevant Seller makes Goods available for purchase to you.
It is important that you understand that when you place an order for any Goods on the Site, you are placing an order with the relevant Seller, and not the Marketplace. The Seller makes the Goods available for purchase (including by taking orders and collecting payment). The Marketplace is not a party to, and has no obligations under, the Terms and Conditions. Rather, any such contract will only be between you and the relevant Seller.
The Marketplace is not responsible, nor shall have any liability to you, for any claims, demands, losses, damages, or penalties arising out of any transaction with a Seller. It is expressly understood that the Marketplace is merely a facilitator and that the relevant Seller is directly responsible for such transactions.
If you have any questions or concerns regarding these Terms and Conditions, please contact the Marketplace by sending an e-mail to firstname.lastname@example.org.
SECTION B - TERMS AND CONDITIONS
These Terms and Conditions are subject to change at any time. You should check these Terms and Conditions posted on the Site periodically to ensure that you are aware of and comply with the current version. Any such change will be effective to all new orders once included in the text of these Terms and Conditions and posted on the Site. Your acceptance of these Terms and Conditions is given when you purchase Goods from the relevant Seller(s).
The Site includes Goods available for purchase from the Sellers. It is important that you understand that when you place an order for Goods on the Site, you are placing any order with the relevant Seller, and not the Marketplace.
The terms and conditions contain the following sections:
Part 1 – Buying Goods
Part 2 – Delivery
Part 3 – Returning Goods
Part 4 – Disclaimer of warranties and limitation of liability
Part 5 - General terms relating to our relationship
Part 1 – Buying Goods
This Part 1 sets out some terms which apply to your purchase or reservation of Goods from any of the Seller(s) through the Site.
a. Order process
Buying clothing and accessories over the internet provides a different shopping experience to buying in-store. In particular you acknowledge that:
when applicable only one promotional code can be used at a time;
the colours which are shown for the Goods on the Site will depend on many factors – including your display settings;
all sizes and measurements are approximate;
all Goods are subject to availability – the relevant Seller may not be able to supply your order;
any delivery estimates given on the Site or by email are estimates only; and
the Goods and promotions which are offered on the Site may not be available in-store, and vice-versa.
You make an offer to purchase a product from a Seller (your "Order") by completing the staged process on the Site as set out below:
Adding product to your shopping basket
Checkout step 1 – login or register
Checkout step 2 – Register card details, if not already registered
Checkout step 3 – Enter delivery address and confirm payment
Confirmation of order
You are responsible for ensuring that your login details, password and all other details in relation to your account remain confidential at all times.
The Sellers reserve the right, at their sole discretion, to limit the number of items purchased per person, per household, or per order. These restrictions also may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address, or are placed by dealers.
b. Acceptance of Your Order
Your Order only constitutes an offer to purchase Goods from a Seller, and does not form a binding contract until accepted by that Seller. Where you order more than one product Your Order contains a series of offers for each product individually.
On receipt of your Order, the relevant Seller will send you an Order acknowledgement email to the email address which you provide in the Order/registration process. This Order acknowledgement email will contain your Order number, details of the Goods ordered and a delivery estimate. Note that this email is only to acknowledge that your order has been received, and is not acceptance by the relevant Seller of any offers to purchase Goods.
Each Seller must receive full payment both of the price of the Goods and any delivery charges before it can accept any offers. Where You select to pay by credit or debit card the presiding banking institution or payment gateway operating on behalf of the relevant Seller will process the payment at the time of preparing Your Goods for dispatch. Depending on the financial institution that You choose to make payment from an international transaction fee may be charged by that financial institution on Your purchase. Please note that this fee is not charged by the Sellers or Marketplace on the Seller’s behalf and as such neither the Sellers, nor Marketplace on behalf of the Sellers, can refund you any amount levied in this respect.
An offer made by You to purchase Goods shall only be deemed to be accepted by the relevant Seller when that Seller dispatches that product to You and sends You an Order dispatch email which includes details of the Goods. Each Seller reserves the right to refuse any offers in an Order prior to acceptance. If Goods are not available the relevant Seller will include details of the unavailable product in the Order dispatch email. Goods which are not available will not be included in the contract for Goods which are dispatched.
You will not be charged until your order is verified, payment authorised, and your order has entered the shipping process. Each Seller reserves the right to decline your order at their sole discretion. Some of the reasons your order may be declined are if the Goods are unavailable, if pricing is in error, or if there are problems concerning credit or an issue of fraud is detected. If your order is declined, the relevant Seller (or presiding banking institution or payment gateway on behalf of that Seller) will credit your credit card for any amount charged with respect to such order. Each Seller reserves the right without prior notice to discontinue or change the specifications for Goods, locations where Goods are delivered, and prices on Goods without incurring any obligation to you.
Delivery charges may apply and these will be displayed in the order process. All customs and import duties will be discharged by the relevant Seller. In the event that You are asked to discharge such costs by the relevant Seller’s nominated carriers, please retain proof of payment and provide the same to the Seller(s) who will refund the same.
All prices are, unless otherwise stated, inclusive of applicable taxes.
Part 2 – Delivery
Each Seller currently displays their own delivery policies which are available on every product detail page.
Each Seller endeavors to ensure that the Goods that you order are provided by the agreed delivery date and where applicable time, however delays are occasionally inevitable due to unforeseen circumstances. Neither the relevant Seller nor its nominated carrier shall be under any liability for any delay or failure to deliver the Goods within the estimated time frame.
Risk of loss and damage of Goods passes to you on the date and time of delivery of the Goods.
Part 3 – Returns Policy
This Part 3 sets out the terms which govern Your right to return any Goods that You do not want to keep.
When a Seller delivers your Goods to You it will include a returns slip, and information on how to return Goods to that Seller. If You want to return any items You must complete the returns slip and enclose this with the items You are returning.
You can, at any time within 28 days of receiving full price Goods purchased from this Site, or 14 days of receiving sale items, cancel your contract and return such Goods to the relevant Seller within the respective 28 or 14 day period.
You must then, within the periods referred to within the preceding paragraph, return the Goods to the relevant Seller by sending them in a securely wrapped parcel in accordance with the instructions below:
Write Your name, address, postcode and order number on the returns form.
Complete the returns form and enclose it with Your Goods in accordance with the instructions contained therein.
Ensure Your Goods are in a securely wrapped parcel and place a returns address label on the parcel.
Take the parcel (with enclosed returns form) and the dispatch note to the Post Office. The clerk will stamp the proof of posting on the dispatch note which You should retain until you receive your refund.
Please remember to complete the returns form with Your returned Goods.
Once you decide to return the Goods You must not use them and must take reasonable care of them while they remain in Your possession. The Goods must be returned intact, undamaged as soon as reasonably possible. Each Seller or presiding banking institution or payment gateway on that Seller’s behalf will refund to the payment card the price paid for the Goods upon acceptance the return, less any agreed costs.
Items purchased online at www.shop.shoppingcentre.co.uk cannot be returned to any Seller(s) store.
For reasons of hygiene, Sellers are unable to refund or exchange earrings. Please ensure that under-garments including but not limited to, g-strings and swimwear are tried on over your own underwear. Each Seller reserves the right to refuse returns of items where it is apparent that this has not been done. Please ensure you return Goods in their original condition and packaging, unworn and unwashed, with all labels intact. In addition, Goods marked as ‘Final Sale’ shall not be refunded. Under the Distance Selling Regulations, you have a right to cancel your order for any item purchased on this website for a full refund. This does not apply to items personalised or made to your specification; audio/video recordings or software that you have unsealed; items that due to their nature cannot be returned; perishable goods (e.g. food and flowers) and periodicals/magazines.
Please return goods using a trackable service such as Royal Mail Recorded Delivery as we cannot accept any responsibility for items lost on the way back to us.
Your rights under this Part 3 are in addition to the cancellation rights under the Consumer Protection (Distance Selling) Regulations 2000 as amended or superseded from time to time. If you wish, you may notify the Seller(s) that you wish to cancel your contact before the end of the statutory cancellation period (7 days from the day after you receive the Goods). You must then return the Goods to the Seller(s) in the manner specified in the above paragraph.
Nothing under these terms and conditions affects your statutory rights.
Part 4 – Disclaimer of warranties and limitations of liability
a. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SELLERS DISCLAIM ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, GUARANTEES, REPRESENTATIONS OR OTHER TERMS AND CONDITIONS RELATING TO THESE TERMS AND CONDITIONS OR THEIR SUBJECT MATTER NOT EXPRESSLY SET OUT IN THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OR GUARANTEES OF MERCHANTABILITY, ACCEPTABLE QUALITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
b. Limitation of liability
Nothing in these Terms and Conditions excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited.
If any guarantee, warranty, term or condition is implied or imposed in relation to these Terms and Conditions under any applicable legislation and cannot be excluded (a “Non-Excludable Provision”), and the relevant Seller is able to limit Your remedy for a breach of the Non-Excludable Provision, then the Seller’s liability for breach of the Non-Excludable Provision is limited to one or more of the following at the Seller’s option:
in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
SUBJECT TO ANY OBLIGATIONS UNDER THE NON-EXCLUDABLE PROVISIONS AND TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE MARKETPLACE AND ANY OF THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR SPECIAL DAMAGES (OR LOST PROFITS AND DAMAGES) WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE MARKETPLACE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THIS PARAGRAPH MAY NOT APPLY TO YOU. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN, SUBJECT TO ANY OBLIGATIONS UNDER THE NON-EXCLUDABLE PROVISIONS AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE MAXIMUM LIABILITY (SEVERALLY AND NOT JOINTLY) TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE GREATER OF THE ACTUAL AMOUNT PAID BY YOU FOR ANY GOODS.
Part 5 – General terms relating to each Seller’s relationship with you
Sellers will not be responsible for the performance of any obligations under these Terms and Conditions in the case of an event outside of our reasonable control (force majeure), including (but not limited to) strikes, lockouts, failures of third party systems or networks, acts of god, fire, earthquake, storm, flood or other natural disaster, civil unrest, acts of terrorism, deliberate sabotage of or malicious damage to equipment or data or for damage to or destruction of premises or equipment.
All notices which we need to give to you under these Terms and Conditions will be sent by us to Your registered e-mail address.
These Terms and Conditions set out the entire agreement between the Sellers and You in respect of the sale, purchase and use of the Goods. They supersede any previous agreement or understanding in relation to the subject matter hereof. They may only be varied where separately agreed in writing between you and us.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions (and the remainder of the provision in question) shall be unaffected.
Save to the extent that you exercise your right as a consumer to bring an action in or rely on the laws of your country of domicile, the interpretation, construction, effect and enforceability of these Terms and Conditions shall be governed by the laws of England and Wales, and you and each Seller agree to submit to the non-exclusive jurisdiction of the English courts for the determination of disputes.