Welcome to From Clothing Limited ("we/us") website’s terms and conditions for use ("Terms"). By accessing www.fromclothing.com ("Site") and/or placing an order, you agree to be bound by these terms and conditions. Using this website means that you accept these Terms regardless of whether or not you choose to register or order from us.
1.1 These terms constitute the entire agreement between you and us. Any failure by us to exercise or enforce any right or provision of the terms shall not constitute a waiver of such right or provision.
1.2 These terms and the relationship between you and us shall be governed by the laws of England and the English courts shall have non-exclusive jurisdiction over any dispute.
1.3 We reserve the right to vary and revise these Terms and will update them on the Site for you to review, upon which they become effective immediately. By continuing to use the Site you are accepting any such variations. If you do not wish to accept these, or any new Terms, you should not continue to use this Site.
1.4 www.fromclothing.com is operated by From Clothing Limited
Registered in the UK: Company number: 7467806
Registered address: 21-23 New Street, Honiton, Devon EX14 1HA
Tel: 01404 510518
2. Our Intellectual Property
2.1 FROM CLOTHING and other owned names and or logos contained in this site are trademarks and or registered trademarks of FROM CLOTHING. Other names on this site may be trademarks or registered trademarks of their respective owners.
2.2 Copyright in the design, text and graphics contained in the website is held by From Clothing Ltd., trading as From Clothing or our licensors. The use of the photographs on the website is under license to From Clothing, copyright for these photographs remains with the individual photographers.
2.3 The Site and its content are protected by intellectual property rights, including copyright and trade marks, as detailed in our Intellectual Property Notice. FromClothing reserves its rights in respect of this.
2.4 Except as expressly authorised by us or relevant third parties, you agree not to copy, download, adapt, alter, modify, rent, lease, loan, sell, distribute or create derivative works of any content of the Site, in whole or in part, reproduce or store in any other website or include in any public or private electronic retrieval system or service without prior written permission.
3.1 Your use of the Site is at your sole risk. The Site is provided on an "as is" and "as available" basis and we do not guarantee that the Site will be suitable for your purposes or requirements.
3.2 If your PC does not support relevant technology including encryption, you may not be able to use certain services or access certain information on the Site.
3.3 The Site is accessed via the World Wide Web which is independent of us. Your use of the World Wide Web is solely at your own risk and subject to all applicable national and international laws and regulations. We shall have no responsibility for all information or service obtained by you on the World Wide Web.
3.4 The content of the Site has been compiled from a variety of sources and is subject to change without notice. We endeavour to ensure that the information on the Site is correct, we do not warrant the accuracy and completeness of the material on this Site. We may make changes to the material on this Site, or to the products and prices described in it, at any time without notice. The material on this Site may be out of date, and whilst we endeavour to keep all material and content up to date we make no guarantee of this.
3.5 While we endeavour to ensure that the Site is available 24 hours a day, we will not be liable if for any reason the Site is unavailable at any time or for any period. Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
4.1 You may access the Site solely for your own personal use. You must not use any content of the Site for any commercial or illegal purpose.
4.2 By submitting any material to us ('Material') you acknowledge that we may copy, modify, distribute or create a derivative work from the Material in any manner that we shall determine. You will indemnify us if any third party takes action against us in relation to the Material.
4.3 We reserve the right to charge you to access certain information on the Site. We will inform you where a charge will be incurred by you for accessing certain services or information.
4.4 You must not cause any nuisance, annoyance or inconvenience to us, our customers or our users of the Site.
4.5 You must not submit any Material which is defamatory, offensive, menacing or obscene to the Site or which in our Judgment may cause nuisance, annoyance, damage or offence, inconvenience to us or any other person or which is illegal; 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 the UK or any other country in the world; or
which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data). We may remove such material from the site at any time without notice to, or consent by, you.
4.6 You may not misuse the Website (including, without limitation, by hacking).
4.7 We reserve the right to suspend the Site at any time for operational, regulatory, legal or other reasons. We may terminate your use of the Site with immediate effect if you breach any of these Terms.
4.8 You may not assign, sub-license or otherwise transfer any of your rights under these Terms. If any provision of these Terms is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect. Only the parties to these Terms may seek to enforce them under the Contracts (Rights of Third Parties) Act.
5.1 The Site may provide links to other web sites or resources, and promotions of advertisers and merchants. As we have no control over such sites and third party resources, you acknowledge that we are not responsible for the availability of such external sites or third party resources, do not endorse and are not liable for any content, advertising, products, services or other materials on or available from such sites or third party resources.
5.2 Any dealings by you with any third party on or through the site shall be solely between you and that third party and we shall not be responsible for any loss or damage that may arise from any such dealings, nor shall we be deemed to be acting as an agent for you in any such dealings.
6.1 We, or any other party (whether or not involved in creating, producing, maintaining or delivering this Site), and any of our directors, employees, shareholders or agents of any of them, 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, without limitation negligence, contract or otherwise) in connection with this Site; as well as
6.2 any websites linked to this Site 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 this Site or your downloading of any material from this Site or any websites linked to this Site.
6.3 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
6.4 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
6.5 You agree to indemnify us fully, defend and hold us, and our directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Site, or the use by any other person using your registration details.
6.6 We will not be liable to you or any third party by reason of our withdrawing any product from this Site whether or not that product has been sold; removing or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
7.1 We warrant that the products on our Site will be of satisfactory quality and fit for their general purpose.
7.2 All prices are in pounds sterling and include VAT (where applicable) at the current rate of 20%. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.
7.3 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this website.
7.4 Orders placed from a country site different from the one to which you are shipping, or to addresses to which From Clothing cannot ship, will be cancelled automatically.
7.5 We currently accept payment by Visa, MasterCard, Delta, Switch and Pay Pal.
7.6 We reserve the right to terminate any special offer at any time, without notice.
7.7 We reserve the right to withdraw any products from this Site at any time and/or remove or edit any materials or content on this Site.
7.8 We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion.
8.1 By placing an order on the Site you are creating a contract between you and us, and are offering to buy the goods at the prices indicated as well as any applicable delivery charges.
8.2 The acceptance of your order and the completion of the contract between you and us will take place on dispatch of the products unless we have notified you that we have not accepted your order or you have cancelled it. Once we have accepted your order it becomes binding, subject to your rights of cancellation.
8.3 Non-acceptance of an order by us will occur in circumstances including we identify a pricing or product description error; the ordered product is out of stock or unavailable; or if we are unable to obtain authorisation for your payment.
8.4 Customs - If your order is to be delivered outside the European Union, it may attract import duty and local sales taxes which customers will need to pay on receipt of the shipment. Any additional charges for customs clearance must be borne by you. These rules vary by country and your local government determines duty and customs charges, so you should contact your local customs office for further information.
8.5 Cancellations - You have the right to cancel your order at any time before you receive the products you ordered, by contacting us on 01404 510518 if calling from within the UK or +44 1404 510518 if calling from overseas or emailing us at email@example.com. If these products have already been assigned or dispatched when you contact us, you may return them within 7 days of receipt of delivery to receive a full refund subject to our Returns and Exchange policy.
8.6 Changing an order - You have the right to change your order by contacting us on 01404 510518 if calling from within the UK or +44 1404 510518 if calling fromoverseas or emailing us at firstname.lastname@example.org. However if the original order has already been assigned or dispatched when you contact us, you may return them within 7 days of receipt of delivery to receive a full refund subject to our Returns and Exchange policy.
9.1 You may return full priced goods you have ordered for an exchange or refund within 14 days of dispatch, providing the goods are returned in perfect condition, unused, unworn, not washed or altered, tagged and in their original packaging and providing you meet conditions set out in our delivery and returns section.
9.2 Sale items can be returned for a full refund within 7 days of despatch.
9.3 All delivery charges incurred on returns, or for exchanges, will be your responsibility except goods which are proved faulty or an incorrect item was sent to you in error upon which we will refund you in full including postage for the returned item/s.
9.4 Exchanges will be sent out free of postage charges - UK addresses only.
9.5 Exchanges will be honoured any time within 21 days of despatch of your purchase.
9.6 Refunds will be processed within 5 working days of receipt providing you have met the conditions set out in our delivery and returns section and 9.1 above.
9.7 We are not liable for parcels that fail to reach us.
OUR INTELLECTUAL PROPERTY
1. FROM CLOTHING and other owned names and or logos contained in this site are trademarks and or registered trademarks of FROM CLOTHING. Other names on this site may be trademarks or registered trademarks of their respective owners.
2. Copyright in the design, text and graphics contained in the website is held by From Clothing Ltd., trading as From Clothing or our licensors. The use of the photographs on the website is under license to From Clothing, copyright for these photographs remains with the individual photographers.
3. The Site and its content are protected by intellectual property rights, including copyright and trade marks, as detailed in our Intellectual Property Notice. FromClothing reserves its rights in respect of this.
4. Except as expressly authorised by us or relevant third parties, you agree not to copy, download, adapt, alter, modify, rent, lease, loan, sell, distribute or create derivative works of any content of the Site, in whole or in part, reproduce or store in any other website or include in any public or private electronic retrieval system or service without prior written permission.