BUSINESS TO CONSUMER – ON PREMISES - SUPPLY OF GOODS
City Prom our terms:
1. THESE TERMS:
1.1 These are the terms and conditions on which we supply products to you.
1.2 Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 We are City Prom a sole trader established in England and Wales. Our company address is 820 Newport Road Rumney Cardiff CF3 4LH
2.2 You can contact us by telephoning our customer service team at 07813 133794 or by writing to us at firstname.lastname@example.org or City Prom 820 Newport Road, Rumney Cardiff CF3 4LH
2.3 If we have to contact you, we will do so by telephone, by text message or by writing to you at the email address or postal address you provided to us in your order.
2.4 When we use the words "writing" or "written" in these terms, this includes emails, or text messages
3. OUR CONTRACT WITH YOU
3.1 Our acceptance of your order will take place when we tell you that we are able to provide you with the product at which point a contract will come into existence between you and us.
3.2 If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. OUR PRODUCTS
4.1 The images of the products in our brochure or on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours or the printed pictures in our brochure accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Products sold are in either UK standard dress size or USA dress size depending on the manufacturer, we are not making the product to measurements you have given us, or we have taken. Any measurements taken at the time of order are taken as a guide and the ordered size will be discussed with you at the time of ordering for your approval.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered or put aside from shop stock, please contact us within 24 hours. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing for delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. OUR RIGHTS TO MAKE CHANGES
6.1 We may change the product to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
6.2 In addition, we may make changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect.
7. PROVIDING THE PRODUCTS
7.1 The costs of standard delivery will be as told to you during the order process.
7.2 For products to be specially ordered in, we state an estimated date of delivery and then collection, bearing in mind the event date as confirmed by yourself, in the case of an unknown event date we will agree a date between us. For products put away from shop stock we will agree an estimated collection period and at the latest three weeks before the event date as agreed. In the case of short lead times we shall agree a reduced delivery and collection timescale.
7.3 We are not responsible for delays outside our control. If our delivery of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
7.4 Collection of the products from our premises, can be made subject to available appointment slots, we operate on an appointment only basis and prior arrangement must be agreed for collection of products.
7.5 If you do not collect the products from us as arranged or if, after a failed collection appointment, you do not re-arrange collection we will contact you for further instructions and may charge you for storage costs and any further collection appointment. If, despite our reasonable efforts, we are unable to contact you or re-arrange collection we may end the contract and clause 9.1 will apply.
7.6 You have legal rights if we deliver any products late. If we miss the delivery deadline for any products then you may treat the contract as at an end straight away if any of the following apply:
(a) We have refused to deliver the products;
(b) Delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) You told us before we accepted your order that delivery within the delivery deadline was essential.
7.7 If the reasons above do not apply or you do not wish to cancel the contract as, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
7.8 If you do choose to treat the contract as at an end for late delivery under clause 7.6 or clause 7.7, you can cancel your order for any of the products. After that we will refund any sums you have paid to us for the cancelled products and their delivery.
7.9 You own the products once we have received payment in full.
7.10 We may have to suspend the supply of a product to:
(a) Deal with operational problems or make minor staff changes.
(b) Update the product to reflect changes in relevant laws and regulatory requirements;
(c) Make changes to the product as requested by you or notified by us to you (see clause 6).
7.11 If you do not pay us for the products when you are supposed to (see clause 11.4) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. As well as suspending the products we can also charge you interest on your overdue payments (see clause 11.5).
8. YOUR RIGHTS TO END THE CONTRACT
8.1 You may contact us to end your contract for a product at any time before you have collected and you have paid for it, however in all circumstances we will charge you for doing this, as described below. Of course, you always have rights where a product is faulty or miss-described (see clause 10).
8.2 If you are ending the contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided or have not been provided properly. The reasons are:
(a) We have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
(b) We have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) There is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) You have a legal right to end the contract because of something we have done wrong.
8.3 If you are not ending the contract for one of the reasons set out in clause 8.2, then the contract will end immediately and we will refund any sums paid by you for products not provided but we will deduct fifty percent of the purchase price from that refund as reasonable compensation for the net costs we will incur as a result of your ending the contract.
9. OUR RIGHTS TO END THE CONTRACT
9.1 We may end the contract for a product at any time by writing to you if:
(a) You do not make payments to us when it is due, and you still do not make payment within 14 days of us reminding you that payment is due.
(b) You do not, within a reasonable time of us asking for it, arrange for collection of the product.
9.2 If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for products we have not provided but we will deduct fifty percent of the purchase price from that refund as reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10. IF THERE IS A PROBLEM WITH THE PRODUCT
10.1 If you have any questions or complaints about the product, please contact us. You can telephone our consumer service team at 07813 133794 or write to us at email@example.com. Alternatively, please speak to one of our staff in-store.
10.2 If you wish to exercise your legal rights to reject a product you must return it in person, within 24 hours to the store where it was purchased in the same condition as sold, with all labels and tags in place and in the original packaging, with no signs of wear except to try on for fit and examination. Please ensure you have your receipt.
11. PRICE AND PAYMENT
11.1 The price of the product will be the price set out in our price list in force at the date of your order unless we have agreed another price in writing. We take all reasonable care to ensure that the price of product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.
11.2 (If VAT is applicable) If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
11.3 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order.
11.4 We accept payment by cash, credit or debit cards including American Express. You must pay for the products in full before it/they are collected or leaves the store.
11.5 If we are unable to collect any payment from you by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Santander Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
11.6 If you think an invoice is wrong please contact us promptly to let us know.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
13.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
14. OTHER IMPORTANT TERMS
14.1 We may transfer our rights and obligations under these terms to another organisation.
14.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
14.6 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English or Welsh courts.
General Terms and Conditions
1) in general
access to and use of this web site and the products and search services available through this web site (collectively, the "services") are subject to the following terms, conditions and notices (the "terms of service"). By using the services, you are agreeing to all of these terms, conditions and notices, without modification. Furthermore, you acknowledge that the terms of service may be updated by us from time to time. This web site also contains links to other web sites, web pages and services, which are not, operated by cityprom.co.uk the "linked sites"). Your use of such linked sites will be subject to the terms of service contained within each such site and the respective terms of service will control the use of the respective site. In any event your link through to such a site will be subject to the terms of service. you recognise that cityprom.co.uk has no control over such linked sites and information, and you accept that cityprom.co.uk provides no guarantee as to the accuracy or reliability of such sites or the information contained in them and you agree that we shall have no responsibility as to whether such links locate unintended or objectionable content or otherwise cause you distress, loss or damage.
you will not: commit or encourage a criminal offence; send or receive any material which is in any way offensive or obscene, or in breach of confidence, copyright, privacy or any other rights; act contrary to the acceptable use policies of any linked sites or community standards generally; transmit or distribute a virus; hack into any aspect of the service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's trademarks or other proprietary rights; send any unsolicited advertising or other promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through the cityprom.co.uk web site.
3) Intellectual property, software and content
the intellectual property rights in all software made available and content supplied to you remains the property of cityprom.co.uk its licensors, advertisers or content suppliers. you will comply with the terms of any agreement required by the owner of intellectual property rights in all software and content supplied to you as notified to you and you hereby acknowledge that all software that is not made readily available to you is confidential, and that all other rights including but not limited to database rights and copyright are asserted and reserved by cityprom.co.uk, its licensors, advertisers or content suppliers. You may store, manipulate, analyse, reformat, print and display the content supplied solely for your own personal use. in no event are you permitted to publish, distribute or otherwise reproduce in any format any of the content or copies of the content supplied to you or which appears on the cityprom.co.uk site and you are prohibited from using any such content in connection with any business or commercial enterprise including, without limitation, any media business or enterprise. You shall not modify, translate, reverse engineer, decompile, disassemble (except to the extent that applicable laws expressly or impliedly prohibit such restriction) or create derivative works based on any software or any documentation accompanying such software supplied by cityprom.co.uk, its licensors, advertisers or content suppliers.
4) Products and services
by making a request/order you are offering to purchase a product which we will accept to sell to you on the following terms and conditions. All requests are subject to availability and confirmation of the order price by us. Dispatch times may vary according to availability and any guarantees warranties or representations made as to delivery times are limited to mainland up and are on the basis that we are not responsible for any delay in delivery occurring due to postal delays. Cityprom.co.uk is absolutely entitled to refuse any request made by you. If your order is accepted we will inform you by emailing you or else by calling you. We will also provide the identity of the party you have contracted with. This may be or in certain cases a third party. Where a contract is made with a third party cityprom.co.uk is not acting as either agent or principal and the contract is made between yourself and that third party. when making a request you undertake that all details you provide to us requesting goods or services or bids made at auction are true and accurate, that you are an authorised user of the credit or debit card used to make your request or bid and that there are sufficient funds to cover the cost of the goods, services or bid. It is your responsibility to inform us of any changes to these details as soon as possible. Our returns policy. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
5) disclaimer of warranties
the services and all information, products and other content included in or accessible from this web site and the linked sites, are provided on an "as is" and "as available" basis and are subject to change at any time without notice to you. to the fullest extent permitted by law, cityprom.co.uk disclaims and excludes all representations and warranties (express, implied and statutory, including but without limitation the warranties of merchantability and fitness for a particular purpose, and non-infringement of proprietary rights) as to the services and all information, products and content included in and accessible from this web site or the linked sites.
6) disclaimer of liability
unless expressly stated to the contrary to the fullest extent permitted by law cityprom.co.uk its content providers, advertisers or linked sites shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this web site or the linked sites, even if cityprom.co.uk had been advised of the possibility of such damages and irrespective of whether such damages arise in contract, tort, equity, restitution, by statute, at common law or otherwise. You have read this disclaimer and agree to it on the basis that you agree it is reasonable.
7) disclaimer as to ownership of trademarks
except where expressly stated to the contrary all persons, products, services and locations featuring on the cityprom.co.uk site are in no way connected, associated, linked or affiliated to cityprom.co.uk any trademarks/names as may be featured on the cityprom.co.uk web site are owned by the respective trade mark owners and cityprom.co.uk claims no connection, association or affiliation with them.
you agree to indemnify, defend and hold harmless cityprom.co.uk, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your use of the cityprom.co.uk services, your breach of the terms of service, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.
9) Variation of content
cityprom.co.uk shall have the right in its absolute discretion at any time and without notice to amend, remove or vary any of the content supplied in connection with the service or which appears on any page of the cityprom.co.uk web site.
all information and material submitted by you to cityprom.co.uk or that you publish on any public area of the cityprom.co.uk web site shall be provided by the submitter and accepted by cityprom.co.uk on a non-confidential basis subject to paragraph 2 above. furthermore, cityprom.co.uk shall be granted a perpetual royalty-free non-exclusive license in the copyright of any material submitted and cityprom.co.uk shall be free to use, edit, copy, republish and distribute (for any purpose) and authorise others to do the same, any such information or material and any ideas contained in such information or material.
Cityprom.co.uk may at any time terminate or suspend any part of the service without notice to you.
if any part of the terms of service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the terms of service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
13) governing law
these terms and conditions shall be construed in accordance with English and Welsh law and the courts of England and Wales or the jurisdiction in which you are resident or domiciled (at cityprom.co.uk election) shall have jurisdiction to resolve any disputes between you and cityprom.co.uk, without regard to any choice of law provisions or private international law. you hereby consent to the exclusive jurisdiction and venue of the royal courts of justice, strand, London, uk, for any and all disputes relating to the terms of service, use of this web site or any linked site in the event that cityprom.co.uk com have elected England as the jurisdiction.
14) entire agreement
the above terms of service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and cityprom.co.uk. Any waiver of any provision of the terms of service will be effective only if in writing and signed by the owner of cityprom.co.uk.