&DAUGHTER LIMITED TERMS AND CONDITIONS OF SALE
www.and-daughter.com is a site operated by &Daughter Ltd. (we, us or our).
We may modify the TOS from time to time. Please read the TOS and check back often. If you do not agree to any change to the TOS then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
To use some of the services or features made available to you on this Site you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address firstname.lastname@example.org. We may also change registration requirements from time to time.
The account password you provide should be unique and kept secure, and you must notify &Daughter immediately of any breach of security or unauthorised use of your account.
ELIGIBILITY TO PURCHASE
In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
The Site is available only to individuals and others who meet the &Daughter terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to &Daughter, whose applications are acceptable to &Daughter and who have authorised &Daughter to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. &Daughter reserve the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
By making an offer to purchase merchandise you expressly authorise us to perform credit checks and where &Daughter feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorisation and to authorise individual purchase transactions.
Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.
&Daughter offers products for sale that are in stock and available for dispatch from our distribution centre.
If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please be aware that on occasion certain products that are in particularly high demand will sell out during this period.
&Daughter will store a record of your transactions for a minimum of one year.
Prices shown on the Site are in GBP, Euros or USD. GBP and Euros are inclusive of VAT at the applicable rate. USD is exempt of VAT. VAT will be charged to all deliveries within the UK and Europe.
All prices and offers remain valid as advertised from time to time. The GBP, Euro or USD price of a product displayed on the Site at the time the order is accepted will be honoured, except in cases of patent error.
Product prices are set at the beginning of each season using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period.
If you are a customer whose credit/debit card is not denominated in Sterling, Euro or US Dollars, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it. Orders placed by telephone will not receive an email acknowledging the details of your order.
Unless you cancel your order, acceptance of your order and completion of the contract between you and &Daughter will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in London, England and the language of the contract is English.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Payment can be made by Visa, MasterCard, Visa Debit, Visa Delta, Electron, JCB & American Express cards. Payment will be debited and cleared from your account upon dispatch of your order by &Daughter. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to &Daughter, we will not be liable for any delay or non-delivery.
We take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.
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 unless otherwise stated, and must be redeemed by the date published, if provided. Not valid in conjunction with any other promotion or discount.
INSURANCE AND DELIVERY
&Daughter insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you.
Please note that we aim to dispatch all orders within 24 hours, or 48 hours during sale periods. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. &Daughter is not responsible for any delays caused by destination customs clearance processes.
RETURNS AND EXCHANGES
Items should be returned unused and with all &Daughter garment tags still attached. Returns that are damaged or soiled may not be accepted and may be sent back to the customer and/or a refund refused.
Please email email@example.com if any of your purchases have been delivered without &Daughter tags.
All items returned should have a Return Authorisation Number (RNA) number to allow easy identification and prompt processing. Unidentified returns may be returned to the sender.
In case of dispute, we recommend you retain proof of sending.
Goods are faulty if they are received damaged or where a manufacturing fault occurs. Items that are damaged as a result of normal wear and tear are not considered to be faulty.
If you would like to exchange a faulty item instead of obtaining a refund, please be aware that we can only replace it for the same product in the same size, subject to availability. Where possible, we will offer to repair faulty items. If it cannot be repaired or the same product is not available, you are entitled to a full refund.
CANCELLING YOUR ORDER UNDER THE DISTANCE SELLING REGULATIONS
If you are based in the EU under the Consumer Protection (Distance Selling) Regulations 2000 (DSRs), you have the right to cancel your order with us provided you give us written notice. Notice can be given any time after your order has been placed, up until 7 working days from the day after you received your order. Notice of contract cancellation under the DSRs must be given in writing to: Notice of Contract Cancellation, Customer Services, &Daughter, or by email to: firstname.lastname@example.org.
For orders cancelled under the DSRs, we will issue you with a full refund including the shipping cost. However, you will need to return the entire order to us by secure means to ensure it reaches us in good condition, at your own cost. Cancelled orders should be returned to: & Daughter Returns, 45 Brookbank Road, London, SE13 7BX. All items must be returned unused and in their original condition with tags. We recommend that you insure the return shipment as you are under a duty to take reasonable care of the goods and will be liable for damage to them until we receive them at our warehouse.
In case of dispute, we recommend you retain proof of sending. Refunds will be issued within 30 days of us receiving your cancellation notice. If we do not receive the cancelled order back, we will arrange to have it collected from you at your cost.
Please note you may only use your right to cancel the order under the DSRs if you give us formal written notice of cancellation any time after your order has been placed, up until 7 working days from the day after you receive you order, by email or post as described above, i.e. before requesting your RNA.
We have made every effort to display as accurately as possible the colours of our products that appear on &Daughter. However, as computer monitors vary, we cannot guarantee that your monitor's display of any colour will be completely accurate.
INTELLECTUAL PROPERTY RIGHTS
Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including &Daughter Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorised by &Daughter and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. &Daughter tries to ensure that the information on this site is accurate and complete. &Daughter does not promise that &Daughter's Content is accurate or error-free. &Daughter does not promise that the functional aspects of the Site or &Daughter's Content will be error free or that this Site, &Daughter Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
Opinions expressed on &Daughter are the personal opinions of the authors and do not reflect the views of &Daughter. By posting you agree to be solely responsible for the content of all information you contribute. You also grant to &Daughter a right to use any content you provide for its own purposes including republication in any form or media. Comments may be moderated and may take up to 72 hrs to be displayed but &Daughter does not commit to checking all content and will not be liable for third party posts. If you have a complaint about any posts please mail email@example.com &Daughter reserves the right at its sole discretion not to publish or to remove any comment including those that it believes may be unlawful, defamatory, racist or libellous, incite hatred or violence, detrimental to people, institutions, religions or to people's privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses. This site is available to the public, information you consider confidential should not be posted to this site.
NO COMMERCIAL USE
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.
THIRD PARTY SITES
We may include hyperlinks on this Site to other websites or resources operated by parties other than &Daughter, including advertisers. &Daughter has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
You have certain rights under the law. In England these include:
1. That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site;
2. Certain remedies if a product is defective; and
3. A right to cancel any order for a product within seven working days commencing on the day after the date on which you receive it, and receive a full refund even if it is not defective.
Nothing in the TOS is intended to affect these rights. For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.
LIMITS ON OUR LIABILITY
We accept liability for death and personal injury arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents.
Nothing in the TOS is intended to affect your rights under the law (see "Your Rights" above).
If &Daughter breaches the TOS we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and &Daughter at the time of you placing your order, and &Daughter dispatching your order. We shall only be liable for losses up to 100% of the total value of goods purchased.
We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).
We are also not responsible for failure to meet any of our obligations under the TOS where such failure is due to events beyond our reasonable control.
At our request, you agree to compensate us fully, defend us, and hold us &Daughter harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and &Daughter as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of &Daughter, and we shall not be liable for any representation, act, or omission on your part.
If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.
The TOS together with all our policies and procedures will be governed by and construed in accordance to the relevant United Kingdom law and the relevant courts of the United Kingdom will have exclusive jurisdiction.