Terms & Conditions
 

 

DAVID CHARLES CHILDRENSWEAR LTD.

TERMS & CONDITIONS

1. INTRODUCTION

1.1
www.davidcharleschildrenswear.com (the “Website”) is owned by and/or operated by or on behalf of David Charles Childrenswear Limited (“David Charles Childrenswear/DCCW/we/us”). If you have any questions regarding the Website or these terms and conditions, you can contact us at:

David Charles Childrenswear Limited
Unit 201 – M25 Business Centre
Ability House, 121 Brooker Road
Waltham Abbey, Essex
EN9 1JH, United Kingdom

Contact Us: enquiries@davidcharleschildrenswear.com

VAT number: 243 1578 70
Registered in England
Registered No: 1006482

2. USE OF THE WEBSITE

2.1
These Terms & Conditions (“T&Cs”) and any other policies referred to in these terms and conditions (together the “Terms”) apply to your use of and access to the Website permitting you to place an order with DCCW for any products made available by us for purchase over the Website. These T&Cs go hand in hand with our Privacy Policy (“Privacy Policy”), where we tell you what information we collect about you and how we use and disclose it.

2.2
By accessing this Website you agree to these Terms and we therefore advise you to read these Terms carefully and to save or print a copy of these Terms and Conditions for future reference. If you do not agree to these Terms, you must cease using and accessing this Website immediately. The Terms may be changed and updated from time to time and any changes will be effective from the publication of the new terms on the Website.

2.3
Please note that these Terms do not affect your statutory rights as a consumer. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau or the equivalent in your country (if any).

2.4
You agree that the information you provide when you register on the Website is not misleading, and is true and accurate in all respects and you will notify our customer service team of any changes to that information.

2.5
We may change, withdraw, or suspend access to the Website (in whole or part and permanently or temporarily) with or without notice and with no liability to you.

2.6
DCCW exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.

2.7
If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

2.8
The Website may include links to other websites or resources (“Linked Websites”). DCCW has no control over the content of Linked Websites and you agree that, should you access a Linked Website using a link from the Website, DCCW is not responsible for the availability of the Linked Websites, and is not liable in any way for the content of Linked Websites, including (without limitation) any goods or services available from such Linked Websites, other advertising or content on such Linked Websites or the use that such Linked Websites make of your personal information. Furthermore DCCW will not be responsible for any offence, damage or loss caused by or connected to the use or reliance on such Linked Websites or the content thereon.

2.9
DCCW may deny you access to the Website at any time in its sole discretion. Examples of when we may so deny you access include but is not limited to where we believe that your use of the Website is in violation of any of these Terms, any law or the rights of any third party or was not respectful to others.

2.10
Any material that you upload to the Website for publication will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute, reproduce, exploit, modify, alter and/or disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights or of their right to privacy.

2.11
DCCW will not be responsible, or liable to you or any third party, for the content or accuracy of any materials posted by you or any other user of the Website and you hereby agree to be responsible to DCCW for and indemnify DCCW and keep DCCW indemnified against all costs, damages, expenses, losses and liabilities incurred and/or suffered by DCCW as a result of any claim in respect of your use of the Website.

2.12
DCCW has the right to remove any material or posting you make on the Website in DCCW’s sole discretion.

3. ORDERING PRODUCTS FROM THE WEBSITE

3.1
All information on the Website is an invitation to treat only and is not an offer or unilateral contract. You agree that your order is an offer to purchase the products listed in your order (“Products”) from us on the Terms. All orders submitted by you are subject to acceptance by us. We may choose not to accept your order in our discretion for any reason whatsoever without liability to you. Examples of when we may not accept your order are as follows:

(a) If the products shown on the Website are out of stock or are incorrectly priced or otherwise incorrectly described or do not satisfy our quality control standards;
(b) If we are unable to obtain authorisation of your payment; or
(c) If shipping restrictions may apply to a Product.

3.2
When you place an order via the Website for a Product, we will send you an order confirmation email listing each product you have requested to buy. Please note that our order confirmation email is not acceptance of your order by us.

3.3
Once payment has been made for the products you have ordered, we will arrange for the products to be delivered to you and to send you a despatch email. This email confirms that your order has been accepted by us and that a contract is formed.

3.4
Where products are dispatched, our acceptance of your offer in respect of each product takes place when we despatch such product.

3.5
When placing an order for the first time, you may be required to or may be offered the option to register with us and complete certain required fields on an order form. Each registration is for a single user only. We may provide you with and/or ask you to use identifications and passwords and other means for you to be able to access certain areas of the Website. Where we do so, we do not permit you to share these identifications and passwords with any other person nor with multiple users on a network and it is on the condition that you shall be responsible for ensuring that such Website is kept secure and confidential at all times. You shall comply with all security directions and/or recommendations given by us and inform us immediately if you become aware of or suspect any unauthorised use of the Website or if the Website becomes available to an unauthorised party. Without prejudice to our other rights and remedies, we may suspend your access to the Website without liability to you, if in our reasonable opinion, such action is necessary for safeguarding the Website.

3.6
In the event prolonged inactivity causes your connection to the Website to fail, your selection of goods may be lost. In such case, you will be required to re-enter your selection. Please note that items in your shopping basket are not reserved and may be purchased by other customers.

3.7
Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order and correct any input errors.

3.8
While all the Products sold through the Website will always correspond with their description, variations in both the manufacturing processes we use and also the display properties of the computer hardware you use to view the Website may mean that the colours, fabrics and designs of the Products displayed on the Website and the Products delivered to you may differ in appearance in minor respects.

3.9
The packaging of the Products may vary from that shown on the images on the Website.

4. PRICE

4.1
The price of any products will be as quoted on our Website from time to time. These prices are shown in GBP and include UK VAT (if applicable)/ for USA and Rest of the World in US$/Eurozone in EUROS but exclude delivery costs, which will be added to the total amount due. See our Delivery Policy for more information on this.

4.2
We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. If we discover an error in the price of the Products you have ordered, however, we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.

4.3
If you have selected an alternative country where UK VAT is not chargeable because the product is to be exported from the UK, or if you have selected a product where VAT is not chargeable, then VAT is automatically excluded from your purchase.

4.4
DCCW may vary the prices of Products listed on the Website at any time and without any notice but such changes will not apply to Products in respect of which you have been sent a Dispatch Confirmation.

4.5
We are unable to offer price adjustment on items originally purchased in a sale or on any special promotion items that are temporarily reduced in price. Once an item has been purchased at a discounted sale price, no price adjustment will be offered should the item be further reduced.

4.6
Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided. We retain the right to amend or withdraw any promotion/offer at our discretion.

5. PAYMENT TERMS

5.1
The total cost of your order will be the purchase price for the Products (which you pay to us) plus any delivery charges.

5.2
We accept payment via Paypal.

5.3
Please note that we accept payment in the payment currency specified for the country of your selected shipping destination.

5.4
By placing an order on the Website, you confirm that the payment details provided by you are valid and that, if you are using a credit/debit card, it belongs to you or you have been specifically authorised by the owner of the credit/debit card to use it.

5.5
We are not responsible for any charges or other amounts which may be applied by your card issuer or bank or payment method provider as a result of our processing of your credit/debit card payment or other method of payment in accordance with your order.

6. PRODUCT AVAILABILITY

6.1
We will always try to fulfil orders, but our only responsibility to you where a product is no longer available, or if we are unable to supply a particular product for whatever reason, is to make sure we do not charge you for the product.

6.2
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.

6.3
We will store a record of your transactions for a minimum of one year subject to any unforeseen event. You may view your purchases in your account up to, and usually beyond, this time. If you do not wish us to store a record of your purchases in your account please Contact us to discuss.

7. DELIVERY

7.1

All delivery charge prices shown on the Website or confirmed to you, are inclusive of any applicable UK VAT.

7.2
Orders will be sent to the delivery address that you have given on your order form. Please note that our courier will not accept P.O.Box. DCCW cannot be held responsible if that delivery address is incorrect or incomplete.

7.3
You will be the importer for all international deliveries of products. Therefore, before placing an order for a product, please check that your import of any products complies with any applicable import regulations, and that there are no local requirements or restrictions which may affect receipt of your products.

7.4
If you order Products from the Website to an international delivery destination your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs officer for further information before placing your order.

7.5
We insure products during the time they are in transit until they are delivered to your specified delivery address. Our courier will require a signature for any goods delivered, at which point responsibility for your purchased products passes to you.

7.6
Delivery times are estimates and commence from the date of shipping, rather than the date of order. Delivery times are to be used as a guide only and are subject to the acceptance and approval of your order.

8. RETURNS & REFUNDS

8.1
Should you wish to cancel or return any Products, you may only do so in accordance with our Returns Policy. This Returns Policy does not affect your statutory rights as a consumer (including, where applicable, your rights under the Consumer Protection (Distance Selling) Regulations 2000 or other distance selling or e-commerce regulations in the territory to which the Product is shipped.) For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau or the equivalent in your country (if any).

8.2
To let us know you have changed your mind and wish to cancel your order or return a Product, please follow the instructions in Delivery and Returns on how to return the product to us.

8.3
Where you return a Product we will exchange it for a different size and/or colour or we will issue you with a full refund but you will need to return the Product at your own cost (if you have already received the Product). Where you have paid any duties or taxes directly to the relevant authorities on the importation of the Product you wish to return, DCCW shall have no liability in relation to any claim for a refund of such duties or taxes from the authorities or whether or not such a refund is possible.

8.4
If you cancel your order you must return the product to us, including all branded packaging and with the hangtag in place. You have a duty to take good care of the products while they are in your possession. You can still try the product on or inspect it to see if it is right for you, but we ask that you treat our products with the same care as you would in our store. Please do not remove labels or stickers and retain the original packaging (including authenticity cards and dust bags) as neatly as you can.

8.5
We will issue you with a refund within 7 working days of receipt of goods, via the payment method you used to place the order.

9. OUR RESPONSIBILITY TO YOU

9.1
We have taken every care in the preparation of the material on our Website. However, the material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy or suitability for any particular purpose.

9.2
We may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material.

9.3
If the need arises, we may suspend access to our Website to carry out routine or emergency work. We will not be responsible if for any reason our Website is unavailable.

9.4
If we are in breach of these T&Cs, we will only be responsible for any losses that you suffer as a result to the extent that they are a foreseeable consequence to both of us at the time you order the relevant product or the time you otherwise use the Website.

9.5
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 9.6.

9.6
An Event Outside our Control means any act or event beyond our reasonable control including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

9.7
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

9.8
These limitations and exclusions do not affect your statutory rights and only apply to the extent permitted by applicable law.

9.9
We do not store credit card details nor do we share customer details with any 3rd parties.

10. INTELLECTUAL PROPERTY RIGHTS – YOUR USE OF THE SITE

10.1
“David Charles Childrenswear Ltd” is a registered trade mark.

10.2
Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by DCCW or its licensors. For the purposes of these T&C’s, any use of extracts from the Website other than in accordance with clause 10.2 for any purpose is prohibited. If you breach any of the terms in these T&C’s your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.

10.3
You are licensed to use the material on the Website on a very limited basis: just to use the Website as intended and in accordance with these T&Cs for your own personal, non-commercial use. You may not otherwise copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any part of our Website.

10.4
You may not create a link to this Website from another site or document without our prior written consent.

10.5
Some areas of the Websites allow you to enter content. You are prohibited from posting or transmitting to or from the Website any material:

a) That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
b) for which you have not obtained all necessary licences and/or approvals; or
c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world.

10.6
DWCC shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of clause 10.5.

10.7
We reserve the right to refuse to post Content on the Website or to remove Content already posted on the Website.

10.8
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored, or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.

11. GENERAL

11.1
These T&Cs and our Privacy Policy contain the whole agreement between us and you relating to the supply of products and/or your use of our Website. No additional terms or conditions requested or communicated in any way by you will form part of our contract whether accepted or not by an employee of ours.

11.2
We may revise and amend these T&Cs from time to time. You will be subject to the terms and conditions in force at the time that you order products from us or otherwise use the Website.

11.3
We may transfer our rights and obligations under a contract to another organisation but this will not affect your rights or our obligations under these T&C’s

11.4
You may only transfer your rights or your obligations under these T&C’s to another person if we agree in writing.

11.5
This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

11.6
Each of the paragraphs of these T&C’s operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

11.7
If we fail to insist that you perform any of your obligations under these T&C’s, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

11.8
These T&Cs are subject exclusively to English law. We will try to solve any disagreements quickly and efficiently. Any court proceedings must take place in England or Wales.

LAST UPDATED: 1st May 2014

INT: 44(0)207 272 8008

USA: 01144 207 272 8008