Terms And Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.letsbuyshoes.com (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please click on the button marked "I Accept" at the end of these
terms and conditions if you accept them. Please understand that if
you refuse to accept these terms and conditions, you will not be
able to order any Products from our site.
INFORMATION ABOUT US
www.letsbuyshoes.com is a site operated by DESIGN ASYLUM RETAIL (UK) LIMITED] (we). We are registered in England and Wales under company number [06708800] with our registered office at 1st Floor, Trinominis House, 125-129 High Street, Edgware, Middlesex, HA8 7DB. Our Head Office address is: 60 West Street, Brighton, East Sussex BN1 2RA.
Our main trading address is 60 West Street, Brighton, BN1 2RA. Our
VAT number is 940 2061 64
YOUR STATUS
By placing an order through our site, you warrant that:
You are legally capable of entering into binding contracts; [and]
You are at least 18 years old;
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
The Contract will relate only to those Products whose dispatch we
have confirmed in the Dispatch Confirmation. We will not be
obliged to supply any other Products which may have been part of
your order until the dispatch of such Products has been confirmed
in a separate Dispatch Confirmation.
LINKS
We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
CONSUMER RIGHTS
If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below).
To cancel a Contract, you must inform us in writing. You must also
return the Product(s) to us immediately, in the same condition in
which you received them, and at your own cost and risk. You have a
legal obligation to take reasonable care of the Products while
they are in your possession. If you fail to comply with this
obligation, we may have a right of action against you for
compensation.
Details of this statutory right, and an explanation of how to
exercise it, are provided in the Dispatch Confirmation.
AVAILABILITY AND DELIVERY
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
RISK AND TITLE
You will be responsible for the Products from the time they are delivered to you: the Products will be at your risk from the time of delivery.
Ownership of the Products will only pass to you when we receive
full payment of all sums due in respect of the Products, including
delivery charges.
PRICE AND PAYMENT
The price of any Products will be as quoted on our site from
time to time, except in cases of obvious error.
These prices include VAT but exclude delivery costs, which will be
added to the total amount due as set out in our
Delivery Guide
Prices are liable to change at any time, but changes will not
affect orders in respect of which we have already sent you a
Dispatch Confirmation.
Our site contains a large number of Products and it is always
possible that, despite our best efforts, some of the Products
listed on our site may be incorrectly priced. We will normally
verify prices as part of our dispatch procedures so that, where a
Product's correct price is less than our stated price, we will
charge the lower amount when dispatching the Product to you. If a
Product's correct price is higher than the price stated on our
site, we will normally, at our discretion, either contact you for
instructions before dispatching the Product, or reject your order
and notify you of such rejection.
We are under no obligation to provide the Product to you at the
incorrect (lower) price, even after we have sent you a Dispatch
Confirmation, if the pricing error is obvious and unmistakeable
and could have reasonably been recognised by you as a mis-pricing.
Payment for all Products must be by credit or debit card as well
as Paypal. We accept payment by the following cards: Visa Credit
Card, Visa Delta Debit Card, Visa Electron, Mastercard Debit /
Credit / Pre Pay, Maestro Debit Card, Solo Card. We will not
charge your credit or debit card until we despatch your order.
OUR REFUNDS POLICY
When you return a Product to us:
because you have cancelled the Contract between us within the
seven-day cooling-off period (see clause 5.1 above), we will
process the refund due to you as soon as possible and, in any
case, within 30 days of the day you have given notice of your
cancellation. In this case, we will refund the price of the
Product in full, excluding the cost of sending the item to you.
You will be responsible for the cost of returning the item to us
immediately. Your refund will be processed once we have received
your order back in our offices.
for any other reason (for instance, because you have notified us
in accordance with paragraph 20 that you do not agree to any
change in these terms and conditions or in any of our policies, or
because you claim that the Product is defective), we will examine
the returned Product and will notify you of your refund via e-mail
within a reasonable period of time. We will usually process the
refund due to you as soon as possible and, in any case, within 30
days of the day we confirmed to you via e-mail that you were
entitled to a refund for the defective Product. Products returned
by you because of a defect will be refunded in full, including a
refund of the delivery charges for sending the item to you and the
cost incurred by you in returning the item to us.
We will usually refund any money received from you using the same
method originally used by you to pay for your purchase.
Please be aware, if you are sending something back to us because we have made an error or the goods are faulty we will ask for a copy of your postage receipt, this should be emailed or sent to us.
OUR LIABILITY
We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
Our liability for losses you suffer as a result of us breaking
this agreement is strictly limited to the purchase price of the
Product you purchased [and any losses which are a foreseeable
consequence of us breaking the agreement. Losses are foreseeable
where they could be contemplated by you and us at the time your
order is accepted by us].
This does not include or limit in any way our liability:
For death or personal injury caused by our negligence;
Under section 2(3) of the Consumer Protection Act 1987;
For fraud or fraudulent misrepresentation; or
For any matter for which it would be illegal for us to exclude, or
attempt to exclude, our liability.
We are not responsible for indirect losses which happen as a side
effect of the main loss or damage [and which are not foreseeable
by you and us], including but not limited to:
loss of income or revenue
loss of business
loss of profits or contracts
loss of anticipated savings
loss of data, or
waste of management or office time however arising and whether
caused by tort (including negligence), breach of contract or
otherwise [, even if foreseeable];
provided that this clause 11.4 shall not prevent claims for loss
of or damage to your tangible property that fall within the terms
of clause 11.1 or clause 11.2 or any other claims for direct
financial loss that are not excluded by any of categories (a) to
(g) inclusive of this clause 11.4.
COLOURS
We have done our best to display as accurately as possible the colours of the products shown on the letsbuyshoes.com web site. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.
IMPORT DUTY
If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and
regulations of the country for which the products are destined. We
will not be liable for any breach by you of any such laws.
WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
NOTICES
All notices given by you to us must be given to Design Asylum Retail (UK) Limited at 60 West Street, Brighton, East Sussex. BN1 2RA. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
TRANSFER OF RIGHTS AND OBLIGATIONS
The contract between you and us is binding on you and us and on
our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a
Contract, or any of your rights or obligations arising under it,
without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose
of a Contract, or any of our rights or obligations arising under
it, at any time during the term of the Contract.
EVENTS OUTSIDE OUR CONTROL
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 events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening,
omission or accident beyond our reasonable control and includes in
particular (without limitation) the following:
Strikes, lock-outs or other industrial action.
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.
Impossibility of the use of railways, shipping, aircraft, motor
transport or other means of public or private transport.
Impossibility of the use of public or private telecommunications
networks.
The acts, decrees, legislation, regulations or restrictions of any
government.
Our performance under any Contract is deemed to be suspended for
the period that the Force Majeure Event continues, and we will
have an extension of time for performance for the duration of that
period. We will use our reasonable endeavours to bring the Force
Majeure Event to a close or to find a solution by which our
obligations under the Contract may be performed despite the Force
Majeure Event.
WAIVER
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any
subsequent default.
No waiver by us of any of these terms and conditions shall be
effective unless it is expressly stated to be a waiver and is
communicated to you in writing in accordance with clause 14 above.
SEVERABILITY
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
ENTIRE AGREEMENT
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of
us has relied on any representation, undertaking or promise given
by the other or be implied from anything said or written in
negotiations between us prior to such Contract except as expressly
stated in these terms and conditions.
We intend to rely upon these terms and conditions and any document
expressly referred to in them in relation to the subject matter of
any Contract. While we accept responsibility for statements and
representations made by our duly authorised agents, please make
sure you ask for any variations from these terms and conditions to
be confirmed in writing.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
You will be subject to the policies and terms and conditions in
force at the time that you order products from us, unless any
change to those policies or these terms and conditions is required
to be made by law or governmental authority (in which case it will
apply to orders previously placed by you), or if we notify you of
the change to those policies or these terms and conditions before
we send you the Dispatch Confirmation (in which case we have the
right to assume that you have accepted the change to the terms and
conditions, unless you notify us to the contrary within seven
working days of receipt by you of the Products).
LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
For a printed copy please contact Mhari-Clare Boswell at Design Asylum Retail
