Terms and Conditions of Sale

 CONDITIONS OF SALE

The order form, any order acknowledgement and any dispatch confirmation We issue and these conditions together form Our contract with You and are binding on You. Please read them carefully, check You understand them and that they only contain terms You are prepared to agree to.
Nothing in this contract shall exclude or limit any of Your statutory rights which may not be excluded or limited due to You acting as a consumer.
  1. Definitions
1.1 In these conditions the following words have the following meanings unless the context requires otherwise:
“Consumer” means any person who purchases Products from Us not in the course of business;
“Contract” means any contract between You and Us incorporating these conditions, the Order Form and any order acknowledgement issued by Us for the sale of Products;
“Dispatch Confirmation” means Our email confirmation that We have dispatched Your order;
“Liability” means liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities;
“Order Form” means any order form for Products submitted by You on the Website;
“Products” means any products and/or goods to be supplied by Us to You under the Contract;
“Suitable for Re-Sale” means Products which are undamaged, unworn and unwashed with the packaging of the Product intact and with the swing tag attached;
“Website” means the Website situated at the URL uzmabozai.com;
“We, Us, Our” means Uzma Bozai whose trading address is Pool Innovation Centre, Trevenson Road, Pool, Redruth TR15 3PL; and
“You, Your, Yours” means the person whose Order Form is accepted by Us.
  1. Basis Of Contract
2.1 These conditions shall govern the agreement between Us and You.
2.2 Nothing in the Contract shall exclude or limit any of Your statutory rights which may not be excluded or limited due to You acting as a Consumer.
2.3 These conditions supersede all previous terms and conditions and shall replace any terms and conditions previously notified to You by Us.
2.4 Our employees, sub-contractors and/or agents are not authorised to make any representations or warranties concerning the Products unless confirmed by Us in writing.
  1. Orders And Contract
3.1 You are responsible for the accuracy of Your order including, but not limited to, the accuracy of all information You provide in the Order Form.
3.2 You are responsible for providing Us with all and any information necessary for Us to perform the Contract.
3.3 The Contract between Us and You shall come into effect when We accept Your Order Form by issuing a Dispatch Confirmation to You or when We start to deliver the Products if earlier. We will acknowledge Your Order Form by e–mail when We have received Your Order Form, however We will not have accepted Your order and the Contract between Us and You will not be formed until We send Our Dispatch Confirmation or We start to deliver the Products to You if earlier.
3.4 We may refuse to accept any order at any time before the Contract comes into effect. Our reasons for such refusal may include, but are not limited to, if Products are not available or, if We cannot obtain Your bank’s authorisation for Your payment.
  1. Delivery and/or Performance
4.1 Dates and times for delivery and/or performance are estimates only and are not guaranteed. They are also subject to any matter beyond Our reasonable control.
4.2 We will Use reasonable endeavours to ensure delivery and/or performance on the dates We notify to You.
4.3 We are not required to fulfil orders for Products in the sequence in which they are placed.
4.4 Unless We confirm otherwise, the Products will be delivered by Us or Our courier between 9am and 5pm on working days. Deliveries of Products will need to be signed for at the delivery address. Further delivery information is available on the Website.
4.5 If You refuse or fail to take delivery of the Products (unless this is due to Our fault) then:
4.5.1 You must pay any costs reasonably incurred by Us as a result of Your refusal or failure;
4.5.2 We shall be entitled to withhold delivery of any other Products; and
4.5.3 We may treat the Contract as cancelled by You.
  1. Price And Payment
5.1 The price of the Products shall be as quoted by Us on the Website when You submit Your Order Form.
5.2 Except as otherwise stated, Our prices exclude delivery. We will confirm the applicable delivery costs at the time You submit Your Order Form.
5.3 Our prices are inclusive of any applicable VAT and any other applicable sales tax, but We will also show the price exclusive of VAT or any other applicable sales tax on the Website for Your information and the VAT exclusive price will apply for most sales to countries outside the European Union (“EU”).
5.4 While We try and ensure that all prices quoted on the Website are accurate, errors may occur. If We discover an error in the price of the Products You have ordered We will inform You as soon as possible and give You the option of either reconfirming Your order at the correct price or cancelling it. If We are unable to contact You We will treat the order as cancelled. If You cancel an order due to an error in price and We have already received payment for the Products, You will receive a full refund.
5.5 Unless We agree otherwise, payment is due at the time You submit Your Order Form. If We do not accept Your order, We will refund You any payment made by You in respect of such cancelled order.
5.6 You must pay all sums due to Us in full by either debit or credit card. By ordering Products You are giving Us Your consent to pass details on to Our appointed secure payment provider for the purposes of processing Your payment.
5.7 We are responsible for paying any import charges and/or taxes which may be applicable to any order of Products purchased by You and for ensuring that the Products may be imported into the country to which they are to be delivered.
  1. Cancellation
6.1 These cancellation provisions apply to any Consumers purchasing Products from Us. If You have returned Products to Us because they are defective please see condition 8.
6.2 You may cancel Your Contract for Products placed on the Website at any time within 28 days following the day on which You receive such Products.
6.3 If You want to cancel any Contract in accordance with this condition 6, You must notify Us in writing within the relevant timescale set out in this condition so that We may issue You with a Return Merchandise Authorisation (RMA) Number. You may Use the cancellation form at Schedule 1 to notify Us, but this is not obligatory.
6.4 If any Products have already been sent by Us to You, You must return the Products to Us in a condition Suitable for Re-Sale, in accordance with condition 6.5.
6.5 You shall promptly arrange for and pay for the return of such Products to Us within 14 days of the day on which You notified Us of Your decision to cancel. For the avoidance of doubt, You shall bear the cost of returning the Product to Us including any applicable duties and import taxes required for the return of the Product to Us.
We suggest that on receipt of Your RMA number, You fill in the Printed Returns Form enclosed with Your order and place this form inside Your return parcel and send to the return address below:
Uzma Bozai, Pool Innovation Centre, Trevenson Road, Pool, Redruth TR15 3PL
For international returns, to avoid incurring duties and local taxes when entering the UK, it is important that, when completing the shipping document, You clearly state in the description box “wearing apparel of UK origin being returned.”
It is suggested that You utilise a carrier who can provide proof of delivery and insurance to cover loss/damage.
Please notify Us of the details of Your shipment so that We can look out for Your parcel and process Your refund quickly.
6.6 If You cancel Your Contract in accordance with this condition 6 and You returned the Products to Us in a condition which is Suitable for Re-Sale You will receive a full refund of the price You paid for the Products and any applicable delivery charges at Our basic rate for the delivery of the Products to You at the time of You placing Your order. We will process the refund due to You as soon as possible and, in any case, within 14 calendar days of the day on which either We received the Products back from You or You provided evidence to Us that You have sent the Product back to Us in accordance with this condition 6 (whichever is the sooner). We refund You to the payment method Used by You to pay.
6.7 Risk in the Products shall remain with You until We receive the Products from You. This means You will be responsible for care of the Products and You must bear the cost of any loss of and/or damage to the Products before We receive them back from You.
6.8 If You fail to return the Products to Us in a condition which is Suitable for Re-Sale, We will not refund the price of the Products and We will deliver the Products back to You at Your expense.
6.9 We shall not be obliged to agree to any cancellation requests submitted other than in accordance with these conditions. If We do agree to any cancellation request submitted other than in accordance with these conditions You agree to pay to Us Our reasonable costs and expenses incurred as a direct result of Your cancellation.
  1. Specification
7.1 The quantity, quality, description and/or specification for the Products shall be that set out on the Website at the time of order placement and in any email order acknowledgement issued by Us.
7.2 You are responsible for checking the order acknowledgement is accurate and adequate for the Products to be supplied.
7.3 Details and/or specifications in brochures and price lists produced by Us are intended as a guide only and only give a general approximation of the Products.
7.4 We reserve the right to make changes to the specification of the Products as required from time to time by law, applicable safety requirements or manufacturing requirements provided that they do not have a material adverse effect on the quality and/or performance of the Products.
7.5 If We do make changes to the specification of the Products which have a material adverse effect then You shall have the right to cancel the Contract without Liability.
  1. Guarantee
8.1 We have a legal obligation to supply Products in conformity with the Contract.
8.2 We guarantee that the Products will be free from defects in materials and/or workmanship on the date of delivery of the Products to You.
8.3 If You believe that any Products are defective then You should return the Products to Us.
8.4 If any Products prove to be defective under Our guarantee then We shall, at Our sole option, either repair or replace or refund the price of such Products. If You return the Products to Us and the Product proves to be defective under Our guarantee We will also refund to You the postage cost for return of the Product to Us.
8.5 If the Products are not defective We shall be entitled to charge You for any costs and/or expenses incurred by Us in redelivering the Products to You.
  1. Ownership And Risk
9.1 Risk in the Products shall pass to You at the time they are signed for by any person at the delivery address provided on Your Order Form. This means that from the time of delivery You will be responsible for care of the Products and You must bear the cost of any loss of and/or damage to the Products.
9.2 Delivery shall be deemed to occur at the time when the Products arrive at the place of delivery set out in the Order Form.
  1. Default
10.1 If You:
10.1.1 breach the terms of the Contract and, if the breach is capable of remedy, do not remedy the breach within 30 days of receiving notice from Us requiring the breach to be remedied;
10.1.2 persistently breach any one or more terms of the Contract;
10.1.3 provide incomplete, materially inaccurate or misleading facts and/or information in connection with the Contract;
10.1.4 propose to compound with Your creditors or have a bankruptcy petition presented against You;
10.1.5 appear to Us due to the Your credit rating to be financially inadequate to meet Your obligations under the Contract; and/or
10.1.6 appear reasonably to Us to be about to suffer any of the above events
then We shall have the right, without prejudice to any other remedies, to exercise any or all of the rights set out in condition 10.2
10.2 If any of the events set out in condition 10.1 occurs in relation to You then:
10.2.1 We may terminate the Contract, withhold delivery of any undelivered Products and stop any Products in transit;
10.2.2 all monies owed by You to Us under this Contract and any other contract between You and Us shall immediately become due and payable.