Terms and Conditions / Your Privacy
To protect your own interests please read the conditions carefully before you click
the tick box. If you are uncertain as to your rights under them or you want any
explanation about them please write, telephone or email our customer queries department
at the above address and telephone number BEFORE you place the order. YOU ARE ADVISED
TO PRINT AND RETAIN THESE TERMS FOR YOUR RECORDS.
By placing an Order and purchasing goods from www.dc4uk.com you enter into a legally
binding agreement with us on the following Conditions. You should read and understand
these Conditions because they affect your rights and liabilities.
These are the Standard Terms and Conditions of Sale of Designer Clothing 4 U Ltd,
Alpha House, Countesthorpe Road, South Wigston, Leicester. LE18 4PJ. Register No
5069771, Register Address. 43a Station Road, Countesthorpe, Leicester. LE8 5TA (“the
Seller”, “We” or “Us”) for certain products as set out in the pages on this site
(“the Goods”). Subject to the provisions of Clause 4.2 below, the price of the Goods
the delivery charges and Value Added Tax where applicable is set out on the Order
Form.
In accordance with the provisions of the Consumer Protection (Distance Selling)
Regulations 2000, you have the right to withdraw from this transaction. Details
of your right to withdraw will be sent to you with the Goods when they are delivered
and can be found in Clause 9 below. PLEASE NOTE THAT THE RIGHT TO WITHDRAW FROM
THE CONTRACT DOES NOT APPLY IN RESPECT OF ANY AUDIO OR VIDEO RECORDINGS OR COMPUTER
SOFTWARE WHICH HAVE BEEN OPENED BY YOU.
THESE CONDITIONS DESCRIBE THE BASIS FOR PURCHASE BY YOU AND SALE BY US OF THE PRODUCTS
DESCRIBED ON THIS WEB SITE.
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1 Interpretation
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1-1 In these Conditions:
‘Conditions’ means the standard Terms and Conditions of sale set out in this document;
‘Contract’ means the contract for the sale of the Goods;
‘Payment Card’ means the credit or debit card or other payment system chosen by
you to be used as the method of payment for the Goods of which you have provided
details to us when placing the Order;
‘Delivery Area’ means All Mainland UK Addresses and Northern Ireland.
‘Goods’ which you have ordered including any instalment of the goods or any parts
for them which are available for purchase from our Web Site in accordance with the
Conditions;
‘Information System’ means a system for generating, sending, receiving, storing
or otherwise processing electronic communications;
‘Order’ means any order placed by you with us for the supply of Goods;
‘Order Form’ means the electronic order form completed and submitted electronically
by you;
‘Regulations’ means the Consumer Protection (Distance Selling) Regulations 2000;
‘Web Site’ our presence on the world wide web, currently accessible via the address
www.dc4uk.com
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1-2 Reference to any statute or statutory provisions shall be deemed to include
any statutory modifications or re-enactments thereof or any rules or regulations
made thereunder or any enactment repealing and replacing the act referred to.
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1-3 Unless the context otherwise requires:-
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1-3-1 words importing the singular shall include the plural and vice versa;
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1-3-2 words importing the masculine gender shall include the feminine gender and
vice versa;
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1-3-3 references to persons shall include bodies of persons whether corporate or
incorporate.
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1-4 Unless the context otherwise requires references to clauses shall be construed
as references to clauses of these Conditions.
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1-5 Headings are inserted for convenience only and shall not affect the construction
or interpretation of these Conditions.
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2 Basis of the sale
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2-1 We shall sell to you and you shall purchase only those goods which you have
set out in an order and which have been accepted by us. We reserve the right to
reject any order. Unless otherwise agreed in writing each such sale of Goods will
be subject to these terms and conditions.
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2-2 No Order submitted by you shall be deemed to be accepted by us unless and until
confirmed by e-mail or in writing by us.
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2-3 No variation to these Conditions shall be binding upon us unless and until agreed
by e-mail or in writing by us.
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2-4 Any error or omission in any information or document issued by us shall be subject
to correction provided that the correction does not materially affect the contract.
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3 Orders
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3-1 The quantity, quality and description of the Goods will be those set out in
your Order (if accepted by us).
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3-2 Orders are accepted at our sole discretion but are normally accepted if the
Goods are available, the order reflects current pricing, you are based in the Delivery
Area and your Payment Card is authorised for the transaction.
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3-3 You or we are entitled to withdraw from any contract in the case of obvious
errors or inaccuracies regarding the Goods appearing on our website.
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3-4 You shall be responsible for ensuring the accuracy of the terms of any Order
submitted by you, and for giving us any necessary information relating to the Goods
within a sufficient time to enable us to perform the Contract in accordance with
its terms.
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3-5 The quantity, quality and description of and any specification for the Goods
shall be those set out in the relevant pages of this site.
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3-6 We reserve the right to make changes in the specification of the Goods which
are required to conform with any applicable statutory or EC requirements
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4 Price of the goods
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4-1 The price of the Goods shall be the price set out on the relevant page of this
site. We reserve the right to change the prices set out on this site provided that
if we accept an order from you the price for the goods will be the price set out
in the relevant range at the time the order is placed.
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4-2 If the price of the Goods increases between the date we accept your Order and
the delivery date, we will let you know and ask you to confirm by e-mail/in writing
that the new price is acceptable. If it is not acceptable then you will, of course,
have the option of cancelling the order.
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4-3 The price of the Goods does not include insured postage or packaging. There
will be an additional charge made relative to the size and amount of Goods insured
for postage and packaging. This charge will be clearly shown on the Order form.
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4-4 The total price is inclusive of any applicable value added tax.
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5 Terms of payment
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5-1 Upon providing us with details of the Payment Card and submitting the Order
you :
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5-1-1 confirm and undertake that the information contained within the Order is true
and accurate and that you are duly authorised to use the Payment Card; and
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5-1-2 authorise us to deduct from the Payment Card account the full price of the
Goods and all other payments which may become due to us under the Contract.
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5-2 If it is not possible to obtain full payment for the Goods from your account
on delivery of the Goods to you, we can cancel the Order or suspend any further
deliveries to you. This does not affect any other rights we may have.
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5-3 Where Goods are returned by you in accordance with your rights under the provisions
of Clause 9, we shall credit the Payment Card with the appropriate amount.
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5-4 We will not pass your personal information on to any third party without your
permission. Unless solely due to our negligence we cannot be held liable for any
losses you may suffer. If in any event your payment card is used fraudulently you
are entitled to cancel the payment and be reimbursed by the card issuer without
being charged for the loss.
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6 Delivery
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6-1 Delivery of the Goods shall be made by us or our carrier to the address for
delivery shown in the Order Form. It is important that this address is accurate.
Please be precise about where you would like the Goods left if you are out when
we deliver. Once the Goods have been delivered in accordance with your delivery
instructions, you will be responsible for them. Our responsibility for everything
other than damage due to our negligence or due to a manufacturing design or design
fault will cease upon delivery.
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6-2 We will do all that we reasonably can to meet the date given for delivery or,
if no date has been agreed, within 30 days of the order date. We cannot be held
responsible for delays beyond our control. If we are unable to make the delivery
date we will contact you. If delivery cannot be made within 30 days of the given
delivery date you will be entitled to either arrange a revised date or cancel the
order and receive a full refund. If we are able to make delivery in advance of the
given date we will contact you.
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6-3 If the order is a multiple order and we are unable to make delivery of the whole
order but are able to deliver part we will contact you, informing you of this, and
delivery will be on a mutually agreed date. In this instance delivery will be said
to be made in instalments. Each delivery shall constitute a separate contract and
any failure by us to deliver any one or more of the instalments in accordance with
these conditions, or any claim by you in respect of any one or more instalments
will not entitle you to treat the contract as a whole as repudiated.
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6-4 If we fail for any reason within our control to fully/partially deliver your
Goods any reimbursement shall be no more than the price of the Goods, together with
any delivery and/or reasonable return costs.
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6-5 Either party is entitled to cancel the contract in respect of non-performance
of obligations in relation to delivery. If cancelled we will refund you any monies
already paid by you and any reasonable return costs incurred by you.
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7 Risk and property
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7-1 As soon as we have delivered the Goods or services, you will be responsible
for them. If you delay a delivery our responsibility for everything other than damage
due to our negligence will end on the date we agree to deliver them, as set out
in the contract.
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7-2 Subject to the provisions of clause 9 and notwithstanding delivery and the passing
of risk in the Goods, or any other provision of these Conditions, the property in
the Goods shall not pass to you until we have received in cash or cleared funds
payment in full of the price of the Goods. Goods supplied to you are not for resale.
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8 Warranties and liability
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8-1 Terms and conditions of this contract do not affect any additional rights you
may have under a manufacturer’s warranty/guarantee. These are rights given to you
by the manufacturer in addition to your statutory rights. Any additional rights
given to you by the manufacturer in respect of Goods purchased are not incorporated
into this contract.
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8-2 As a consumer you have statutory rights regarding the return of defective Goods
and claims in respect of losses caused by any negligence on our part or our failure
to carry out our obligations. The terms and conditions of this contract do not affect
your statutory rights. For further information regarding these rights contact Trading
Standards or Citizens’ Advice Bureau.
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8-3 IMPORTANT NOTICE: TIME LIMIT FOR NOTIFICATION OF CLAIMS
You are asked to examine the goods as soon as reasonably possible after delivery.
Any claim by you based on any defect in the quality or condition of the Goods or
their failure to correspond with specification must (whether or not delivery is
refused by you) be notified to the company within 14 days from the date of delivery
or within a reasonable time after discovery of the defect or failure if it was not
apparent on reasonable inspection.
- 8-4 Where a valid claim in respect of Goods delivered is notified to us within 14
days of the delivery date, or within a reasonable time if not apparent on reasonable
inspection, you are entitled to:
reject the Goods and receive a full refund;
or have the Goods (or the part in question) replaced free of charge.
Any claims made after 14 days of delivery or exceeding a reasonable time of discovery,
we shall be entitled to either:
replace the Goods (or the part in question) free of charge or
at our sole discretion refund to you the price of the Goods (or a proportionate
part of the price) and we shall have no further liability to you.
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8-5 Except in respect of death or personal injury caused by our negligence we will
not be liable under this contract for any loss or damage caused by us or our agents
in circumstances where:
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i) there is no breach of a legal duty of care owed to you by us or by any of our
employees or agents;
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ii) such loss or damage is not a reasonably foreseeable result of any such breach;
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iii) any increase in loss or damage resulting from breach by you of any term of
this contract.
In the event that you are using the supply address in part for commercial purposes
then no liability for loss of profits or other economic loss arising out of a breach
of this agreement can be accepted.
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8-6 Subject to our obligations, and your rights under the Regulations, we shall
not be liable to you or be deemed to be in breach of the contract by reason of any
delay in performing, or any failure to perform, any of our obligations in relation
to the Goods if the delay or failure was due to any cause beyond our reasonable
control.
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8-7 We assume no responsibility for the contents of any other web sites to which
this Web Site has links.
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9 Right to Cancel
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9-1 You have a cooling off period of 14 days after the date on which you have received
the Goods to cancel the Contract, and return the Goods at your cost and receive
a full refund of the purchase price and any delivery cost.
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9-2 During the cooling off period any cancellation must be given by written notice
by either party.
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9-4 The right to cancel this contract will not apply in respect of:
Personalised Goods or Goods made to your specification
Audio, video recordings (including DVDs) or computer software you have unsealed
Betting games or lottery services
Newspapers and magazines
Food, drink or other Goods intended for everyday consumption.
Contracts for accommodation, transport, catering or leisure services which are arranged
for a specific time or date, e.g. train, airline or concert tickets or hotel bookings
Timeshare and package holidays
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9-5 In the event that we supply substituted Goods to you in accordance with the
provisions of Clause 2, your right to cancel is as set out as above except that
the cost of returning the Goods shall be borne by us.
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10 Communications
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10-1 Any communication sent electronically by e-mail or otherwise:
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10-1-1 will be deemed to have been sent once it enters an Information System outside
the control of the originator of the message;
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10-1-2 will be deemed to have been received by the intended recipient at the time
that in a readable form it enters an Information System which is capable of access
by the intended recipient;
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10-1-3 will be deemed to have been dispatched in the case of a business at its principal
place of business and in the case of an individual where he or she ordinarily resides;
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10-1-4 will be deemed to have been received in the case of a business at its principal
place of business and in the case of an individual where he or she ordinarily resides.
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10-2 To protect your own interests you should ask for a delivery receipt for any
such and retain a hard copy of that delivery receipt and the original correspondence.
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11 General
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11-1 Any communication sent by post will be deemed received by the intended recipient
three days following mailing where sent by first class post or five days after mailing
where sent by second class post.
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11-2 The clauses of these Conditions and each sub-clause thereof are several and
if any part of any clause or sub-clause shall be void, invalid or unenforceable
then the remainder of such clauses or sub-clauses shall nevertheless be valid and
enforceable.
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11-3 No term of the Contract is intended to confer a benefit on, or be enforceable
by, any person who is not a party to the Agreement (whether under the Contracts
(Rights of Third Parties) Act 1999 or otherwise).
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11-4 If any provision of these Conditions is held by any court or competent authority
to be invalid, unlawful or unenforceable in any jurisdiction in whole or in part,
it will not affect the validity or enforceability of the other provisions of these
Conditions and the remainder of the provision in question shall not be affected
nor will it affect the validity, lawfulness or enforceability of that provision
in any other jurisdiction.
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11-5 We will try and solve any disagreements quickly and efficiently. If you are
not happy with the way we deal with any disagreement and you want to take court
proceedings you must do so within the United Kingdom.
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11-6 The headings in these Conditions are for convenience only and will not affect
their interpretation.
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