1. PLEASE TAKE GREAT CARE IN READING ALL TERMS AND CONDITIONS FULLY - ESPECIALLY ITEM 18A REGARDING RETURNS POLICY, AND ITEM 39 REGARDING DAMAGES POLICY IN TRANSIT
2. Date Terms & Conditions updated 12th June 2015. Couture Cases reserves the right to amend terms and conditions at any time. Mirror Shutters, Alarm Shutters, Light shutters and Infiniti Shutters, Modern Radiator Covers, Designer Radiator Covers and Lace Furniture are online trading ventures for Couture Cases Ltd.
3.All information on this web site is provided in good faith and for general information purposes only and Couture Cases Ltd (`we` or `us`) will use its reasonable endeavours to ensure that the said information is accurate. This web site is provided on an `as is` basis without any representation or endorsement made and Couture Cases Ltd make no warranties of any kind, whether express or implied, in relation to this web site including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, compatibility, non-infringement, conditions of completeness, accuracy, security, or any implied warranty arising from your access to, use of, reliance on or otherwise of this web site.
4.Couture Cases Ltd shall not be liable for any direct, incidental, consequential, indirect or punitive damages, costs, losses or liabilities whatsoever arising out of your access to, use of, reliance on or otherwise of this web site. Also, we accept no liability in respect of losses or damages arising out of changes made to the content of this web site by unauthorised third parties.
5.In addition, Couture Cases Ltd shall not be liable for any damages to, or viruses that may infect your computer equipment or other property, by reason of your use of, access to, or downloading of any material from, this web site.
6.Couture Cases Ltd. provides the Site and its contents ‘as seen’ and makes no representations or warranties, either express or implied, of any kind with respect to the Site, its operation, content, information, materials or year 2000 compliance. In addition, Couture Cases Ltd. does not warrant that the information accessible via this Site is accurate, complete or current. Couture Cases Ltd. disclaims all warranties, express or implied, of any kind with respect to the Site or its use, including but not limited to satisfactory quality and fitness for a particular purpose. You agree that Couture Cases Ltd, its directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of the Site. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation, direct, indirect, compensatory, special, incidental, punitive and consequential.
7.Some jurisdictions may not permit all or any of the limitations of warranties and damages contained in this legal notice, in which case some or all of the above exclusions may not apply to you.
9.'Seller' means Couture Cases e-commerce website.
10.'Buyer' means the person or company who buys the goods
11. 'Conditions' means the Terms and Conditions of Sale set out in this document and any special Terms and Conditions agreed in writing by the Seller.
12. 'Goods' means the products which the Buyer agrees to buy from the Seller
13. Applicability of Conditions
14. Sellers website is an invitation to buy only.
15. Acceptance of these terms is when the Buyer's places a order and then makes payment, either online or via the telephone, and the Seller's acceptance thereof. Any order accepted by the Seller shall be subject to these conditions of sale and no other conditions shall apply unless expressly agreed in writing by the Seller.
16. Acceptance of delivery of our goods shall be deemed conclusive of the Buyer's acceptance of those conditions.
17. Cancellation or Amendment of Order by the Buyer
18. You may only cancel your order only if material has not been ordered or production has not started, normally within 24 hours of order date, and you will receive a refund. Therefore, for cancelled orders up to 24 hours after initial order payment, customers will recieve a full refund via paypal.
18a. NO REFUNDS ARE POSSIBLE ONCE PRODUCTION HAS BEEN COMMENCED DUE TO THE BESPOKE NATURE OF SOME GOODS. PRODUCTION NORMALLY COMMENCES 24 HOURS AFTER ORDER PLACEMENT (EXCLUDING WEEKENDS AND BANK HOLIDAYS)
19. Every Couture Case (product) is custom made to your precise requirements. Once made, our products are suitable only to you, and therefore cannot be resold. It is extremely important that you are sure about the product that you want and also THE EXACT SIZES you require. We strongly recommend that you double check all measurements. Amendments can only be made within 24 hours of order date.
20. Price Maintenance & VAT
21. All prices include VAT at 20% as of 19.07.2012
22. Terms of Payment
23. Full payment is made at time of order.
25. The Goods shall be delivered at the Buyer's risk
26. If for any reason the Buyer fails to take delivery on the due date, delivery will be deemed to have taken place on the due date.
27. Fitness for Purpose
28. While great care is taken in making your products to the size requested, all metal components (products) are produced with a manufacturers tolerance of +/- 5.0mm. This is industry standard. For some items such as Cast Aluminium tops, the tolerances are greater due to shrinkage and hand finishing. We will provide the exact advice at all times.
29. For textile and fabric options there is no guarantee of colour, nor pattern size, nor pattern orientation in relation to the manufactured goods.
30. For leather, bonder leather and leather effect materials there is no guarantee of material thickness, colour stability, pattern or texture as all pieces (products) are subject to manufacturing irregularities during the manufacturing process.
31. Wood samples and stock timbers change from batch to batch, and will vary in grain and colour.
32. Natural materials such as woods and leathers are subject to warping and cracking. At no time are these grounds for return.
33. Under no circumstances must natural products (leathers, bonded leathers and woods) be used as Radiator covers. YOYO Real Leather and YOYO Bonded Leather must never be used as radiator covers, or placed anywhere near a heat source of any kind. We sell leather effect vinyls and digital leather printed covers.
34. Under no circumstances must any electrical device supplied by Couture Cases Ltd be used in any way, or installed in any way contrary to installation and usage requirements. Misuse, incorrect installation and installation in locations otherwise in accordance with information supplied in these terms and conditions, does not constitute grounds for return or replacement or refund of any kind.
35. Carriage & Delivery
36. All prices UNLESS STATED IN THE ONLINE SHOP, EXCLUDE carriage. Carriage is normally via a standard carrier to mainland UK only. Contact us for a price outside this area.
37. Your goods will be delivered direct to you by a carrier service or direct delivery by the Couture Cases Team or third part courier service. All deliveries are fully insured and a signature will be required on delivery.
If we try to deliver your Couture case (product) while you are out a card will be left, you can contact the carrier on this card to arrange a new convenient Free re-delivery time or call and collect the products yourself. Risk in the product passes when they are delivered. Delivery to your premises or other named agent will constitute delivery for the purposes of these Conditions.
38. Any dates, times or periods for delivery of Goods quoted by us are estimates only and we shall not be liable for failure to meet such estimates or for any costs charges or expenses incurred as a result of any delay. The Buyer will not be entitled to refuse to accept the Goods or to cancel the contract with the Seller merely due to such failure.
39. IT IS CRUCIAL THAT YOU INSPECT ALL PARCELS FOR SIGNS OF DAMAGE OR WEAR AND TEAR WHEN DELIVERED BY A THIRD PARTY COURIER SERVICE. NEVER SIGN FOR RECIEPT OF A PACKAGE UNLESS THE PACKAGE IS IN PRISTINE CONDITION. IF YOU SIGN FOR RECEIPT YOU ARE ALSO DECLARING GOODS ARRIVED IN PERFECT CONDITION TO YOUR ADDRESS, THEREFORE REPLACEMENTS FOR ITEMS, SUBSEQUENTLY DEEMED TO BE CAUSED BY OR ATTRIBUTED TO TRANSIT, ARE PAID FOR BY THE CUSTOMER. COUTURE CASES ACCEPTS NO LIABILITY WHATSOVER FOR DAMAGED ITEMS ONCE SIGNED BY THE CUSTOMER.
40. Couture Case Products are not available for local collection at this time.
41. Deliveries are made Monday-Friday. Saturday delivery's may be available at an additional charge to you the customer.
42. If the customer refuses delivery for any reason a re-delivery change of £19.95 will apply in advance of each further dispatch.
43. Return of Goods
44. Every Couture Case (product) is custom made to your precise requirements, once made, our products are suitable only to you, and therefore cannot be resold. It is vital that you double check all measurements.
45. The return of Goods will not be accepted without prior notification to the Seller. The Seller will then authorise the return by issuing a returns reference number. The goods once returned will be inspected to verify the return reason, and once confirmed, a replacement/repair will be sent.
46. Goods to be returned (on a basis of manufacturing defect only) must be suitably packaged to prevent loss or damage in transit, so we strongly suggest that you keep all packaging. The Seller is not responsible for providing 'replacement' packaging.
47. Products ordered incorrectly or found to be not suitable for any reason other than workmanship, cannot be returned.
48. Spare parts ordered or supplied incorrectly by the seller, will be replaced or refunded.
50. Should the Buyer not receive the correct quantity or damaged goods, the delivery document and carrier consignment note must be endorsed accordingly. The Seller must be notified within 5 days from receipt of the goods of any shortage or damage and a claim authorization number obtained by the Buyer.
51. Failure to observe the claims procedure can invalidate the Seller's contractual liability under these Conditions of Sale.
52. The Seller shall be under no liability whatsoever to the Buyer for any indirect or consequential loss, damage and/or expense (including loss of profit) suffered by the Buyer arising out of a breach by the Seller of this contract, however so arising. It is strongly recommended that your check you have all fixings and parts needed before arranging, or commencing, installation.
53. Product & Image Documentation/Display
54. Whilst the Seller takes every precaution in the preparation of its website, technical information, and price lists, these documents are for the Buyer's general guidance only and the particulars contained therein shall not constitute representations by the Seller and the Seller shall not be bound thereby. The seller reserves the right to change specifications at any time.
55. Any colours and textures described and presented on the website are general guides only to the likeness, and their particulars shall not constitute true representations by the Seller and the Seller shall not be bound there by. Some images are for illustrative purposes only. Materials samples are available and recommended. Purchased and free of charge samples sent are a guide only, as the final batch used to make your order may be from a different batch to the sample.
56. All images shown are a guide and preciseness of colour cannot be guaranteed as this depends on the screen settings of your computer.
57. Quoted sizes
58. All sizes quoted are width in mm x height in mm.
59. Proper Law and Jurisdiction
60. All disputes arising out of or in connection with this contract shall be governed by English Law
61. Cancellation By Us
62. Couture Cases Ltd reserve the right to cancel your order if 1) we have insufficient stock to deliver the goods you have ordered or 2) you require delivery outside the Mainland UK 3) goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information made by us and/or received by us from our suppliers.
63. If we do cancel your order we will notify you by e-mail and will re-credit to your account any sum deducted by us from your debit or credit card as soon as possible. We will not be obliged to offer any additional compensation for disappointment suffered.
65. All material on this web site is protected by copyright and all copyright, trademarks and all other intellectual property rights in all material or content contained within this web site shall remain at all times the property of Couture Cases Ltd or of their licensors respectively.
66. All rights in the site design, text, graphics and other content, interfaces and the selection and arrangements thereof, underlying source code, software (including applets) and all other material on this Site belong to Couture Cases Ltd. or its licensors. All rights are reserved save as set out below. Permission is granted to electronically copy and to print hard copy portions of this Site for the sole purpose of placing an order with Couture Cases Ltd. Any other use of materials on this Site, including reproduction for purposes other than those noted above, modification, distribution or republication, without prior written permission of Couture Cases Ltd. is strictly prohibited.
67. You acknowledge that you have no rights in respect of any of the Intellectual Property (including but not limited to any means any copyright works, inventions, domain names, patents, web-rights, online rights, registered design, trademark, confidential information, know-how, show-how or other industrial or intellectual property right registered or unregistered) of Couture Cases Ltd. in respect of any of Couture Cases Ltd. products or those of its suppliers (collectively the “Products”). You agree not to reproduce or cause to have reproduced any of Couture Cases Ltd. Products or commissioned designs.
69. You may only reproduce material and/or content of this web site for your own personal non-commercial use. Unauthorised copying, reproduction, transmission, publishing, displaying, distribution, commercial exploitation, modification, hiring, lending or broadcasting of such material or content is strictly prohibited.
70. Third Party Sites
71. For your convenience, Couture Cases Ltd may provide links to other web sites or resources. As a result, this web site may contain links to other web sites which are hosted and maintained by third parties. We have no control over the content or security of any such web site, therefore, you link to such web sites at your own risk. We make no representations regarding the content of any such web site and will not be liable for any loss or damage which may arise from the use of such third party web sites.
72. All electronic links to this web site require the consent of Couture Cases Ltd. To assist your navigation of this web site and our prevention of fraud we may send "cookies" from this web site to your computer. We do not obtain personal data from your computer or gather personal information about you unless you personally give information to our server. Furthermore computer viruses are not passed through the use of "cookies". You may choose to disallow "cookies" via your browser but this web site may not work properly as a result.
73. This notice may be amended by Couture Cases Ltd from time to time without notice.
75. At Couture Cases Ltd. we are committed to protecting your privacy. We use the information we collect about you to process the orders you submit to us and to provide you with a more bespoke shopping experience.
77. Third party Disclaimers and Limitations
78. Couture Cases Ltd are not liable for the supply of any third party products and the terms and conditions of the supply of third party products are subject to the relevant suppliers’ terms and conditions. Our liability to you is at all times limited to the cost of the products supplied and does not at any time include any indirect loss or loss of profit
79. Delivery and supply of Goods (Products and Services)
80. We will deliver the Goods and supply the Services to the place noted in the Order. Unless otherwise expressly agreed in writing, any delivery or supply date or time specified by us in any Order or otherwise is a best estimate only and we will not be liable to you for any loss or damage sustained by you if we fail to meet that time scale because of circumstances beyond our reasonable control
81. Your Order for the Goods (Products and Services)
82. The Order shall be detailed on the form attached to these conditions. Once the Order has been completed electronically via the Customise and Order form contained within ANY Couture Cases Ltd website, and once received by us, the Order shall be deemed to have been accepted by us unless we notify you to the contrary within 7 days of us receiving the order (in which case we shall promptly refund any sums paid by you in respect of the Order.).
83. Warranties for the Goods and Services
84. We will supply the Services under this Contract with reasonable skill and care and in accordance with the specification set out in the Order which we have provided to you for those Services.
85. If the Services supplied by us are not in accordance with the conditions above, you should notify us in writing within a reasonable time from their supply or of becoming aware of the defects which are not apparent to you on a reasonable inspection of the Services.
86. Whilst every attempt will be made by us to ensure that the Goods supplied match in every respect any samples shown or description given to you, any minor or immaterial variation between sample or description and the Goods delivered shall not entitle you to reject the Goods, nor to withhold or reduce payment of the purchase price, nor claim any compensation for such variation or change.
87. Limitation of liability
88. We will not be liable to you by way of representation (unless fraudulent), common law duty or under any express or implied term of the contract for: any losses which are not foreseeable by both Parties when the Contract is formed arising in connection with the supply of Goods and related Services or their use by you; any losses which are not caused by any breach by us; or business or trade losses.
89. Nothing in this Contract excludes or limits our liability for: death or personal injury resulting from our negligence or that of our employees; liability for damage to property or injury to persons under the Consumer Protection Act 1987; fraud; or any other matter that we cannot by law exclude or restrict.
90. Delay or failure to perform
91. We shall not be liable to you if we are prevented or delayed in the performing of any obligations to you if this is due to any cause beyond our reasonable control including, without limitation: an act of God, explosion, flood, fire or accident; war or civil disturbance; strike, industrial action or stoppages of work; any form of government intervention; a third party act or omission; failure by you to give us a correct delivery address or notify us of any change of address.
93. No waiver by us of any breach of the Contract by you is considered as a waiver of any subsequent breach of the same or any other provision.
94. Each provision of this Contract shall be construed separately and notwithstanding that the whole or any part of any such provision may prove to be illegal or unenforceable the other provisions of this Contract and the remainder of the provision in question shall continue in full force and effect.As a consumer, there are certain terms implied into your contract with us which we cannot exclude or limit (for example, under the Sale of Goods Act 1979 we have to supply goods to you which are fit for their purpose). It is important for you to know that nothing in these terms affects these statutory rights.
95. The Contract is governed by the laws of England and the English courts shall have the non-exclusive jurisdiction to resolve any disputes arising out of or under it.
96. Any communication to Couture Cases Ltd should be addressed to Customer Services, Couture Cases Ltd, 4 Church Street, Harlaxton, Lincolnshire. NG32 1HB.
97. Notice of the Right to Cancel
98. You have the right to cancel the Contract by giving Notice IN WRITING at any time within 7 days of placing the order.
99.This Contract is with Couture Cases Ltd whose registered office is Couture Cases Ltd, 4 Church Street, Harlaxton, Lincolnshire. NG32 1HB. Registered Number 07815067
100a. Due to the bespoke nature of all shutters, covers, console tables, furniture and lighting, YOU WILL BE LIABLE FOR ALL PRODUCTION COSTS INCURRED at the time of cancellation, WITH COSTS DEDUCTED and paid directly without reimbursement to Couture Cases Ltd.
101.The Notice of Cancellation is deemed to be served as soon as it is posted or sent to us at the address above, or in the case of electronic communication, from the day it is sent to us.
102.A Cancellation Form is provided below for your use should you wish to use it. You do not have to use this form. However, if you do wish to use the form it may be detached and sent to us at the address above.
103.The Cancellation Form
104.If you wish to cancel the Contract you MUST DO SO IN WRITING and deliver personally or send (which may be by electronic mail) to the address below. You may use this form if you want to but you do not have to. (Complete, detach and return this form ONLY IF YOU WISH TO CANCEL THE CONTRACT).
To: Customer Services, Couture Cases Ltd, 4 Church Street, Harlaxton, Lincolnshire. NG32 1HB
I/We* hereby give notice that I/we* wish to cancel my/our* contract, (*delete as appropriate)
Name and Address:
To Couture Cases Ltd, Registered Number 07815067
Couture Cases is a limited company registered in England. Registration Number 07815067 Registered Office: Couture Cases Ltd, 4 Church Street, Harlaxton, Lincolnshire. NG32 1HB
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