Section 1: General Terms for Website Use
Section 2: Terms and Conditions for Sale of Goods
1. ACCEPTANCE OF TERMS
1.3 Severance: If any term of this agreement is held by a court to be invalid or unlawful or unenforceable, it shall not affect the enforceability of any of the remaining terms of this agreement.
1.4 Entire Agreement: These Terms govern our relationship with you and in accepting them, you confirm that no other arrangement, agreement or representation applies.
1.5 Assignment: We reserve the right to assign any of our rights or obligations under the Contract to a third party on the basis that the existing contractual terms will become the responsibility of that third party. You will not be able to assign any of your rights or obligations without first getting our written consent.
2. INTELLECTUAL PROPERTY
2.1 Since our Goods include designs or works of art, these are prepared by a designer or artist who owns the copyright in those works. You have no right to make any copies or adaptations of any of those Goods.
2.2 Customers have no rights to the designs created in the Colourfield Design Studio, online or in our physical shop. This includes ‘Design Your Own’ items.
2.3 Our website and all of the related pages including but not limited to content, code, software, graphics or other material contained in or electronically distributed on this website is owned by us or licensed to us and is protected by copyrights, trademarks, service marks, patents or other proprietary rights or laws. Unauthorised use of any copyrighted materials; trademarks or any other intellectual property without the express written consent of the owner is strictly prohibited.
3. COPYRIGHT AND USE OF MATERIAL
3.1 We recognise that when you obtain access to our website, your computer downloads a copy of the material on this website. By obtaining access to our website, you agree that you will use the material for your personal use only, and not for any commercial purpose whatsoever.
3.2 In particular, notwithstanding the provisions of paragraph 3.1 above, you may not do any of the following without obtaining prior written permission from us: redistribute or modify any of the content of our website, remove any copyright or trade mark notices from any copies of the content, or create a database in electronic or structured manual form by systematically downloading and storing all or any of the content of our website.
4. PRIVACY AND USE OF INFORMATION
5. MINIMUM AGE
In order to shop at the Colourfield London online store you must be at least 18 years old. Our Website is not directed at, nor do we knowingly collect personal data from, people under the age of 18.
6. LINKS TO THIRD PARTY SITES
6.2 The links are provided for your convenience and any such link does not imply endorsement by us of the site nor does it imply that there is any association between us and the operators of the site.
7.1 We do not give any warranty, condition, guarantee or representation, express or implied, relating to information contained on this website or on any website to which it is linked.
7.2 We make no representations or warranties concerning the accuracy, completeness or suitability for any purpose of the information and related graphics contained on this website or on any website to which it is linked.
7.3 We do not warrant that our website or any website to which it is linked or any relevant server are free of computer viruses or other harmful applications.
8. LIMITATION OF LIABILITY
8.1 We shall not be liable to you (except in respect of injury or death of any person resulting from our negligence) regardless of the form of action, whether in contract, tort (including negligence and breach of statutory duty), strict liability, or otherwise, for any loss of profit, business, contracts or revenues, or for any special, indirect or consequential damage of any nature whatsoever arising directly or indirectly out of your use of our website.
8.2 If you enter our website you agree that this paragraph 8 relating to limitation of liability is reasonable and that it reflects the nature of our website.
9. FORCE MAJEURE
We will not have any liability to you if we are prevented from performing any of our obligations on account of any circumstances beyond our reasonable control including, but not limited to, fire, flood, act of nature, terrorism, war, internet disruption, power failure, strike or difficulty in obtaining materials and/or labour. In any of these circumstances we reserve the right to cancel (or, at our discretion, to suspend) the Contract.
If you wish to give us any notice relating to a matter covered by these Terms, you must confirm that notice in writing. In the case of email notices, these are to be sent to email@example.com and you must send them so as to return an acknowledgement of receipt.
11.1 If there is a dispute which we cannot settle by direct negotiation, we may require that it is referred to mediation before any legal proceedings are commenced. In that event, the mediation will be conducted in accordance with the CEDR (Centre for Effective Dispute Resolution) mediation rules current at the date of the dispute.
11.2 Any dispute between us will be finally determined by the English courts and you agree to submit to the jurisdiction of those courts.
12. GOVERNING LAW
This agreement shall be governed by and construed in accordance with the laws of England and Wales and be subject to the exclusive jurisdiction of the Courts of England and Wales.
13. CONTACTING US
4th floor right
10-16 Scrutton Street
14. COMPANY INFORMATION
GARCON FASHION STUDIO, S.L
C/ REAL, 36 ESC 2, PLANTA 9, PUERTA B
This website is controlled by GARCON FASHION STUDIO, S.L
15. DEFINITIONS AND INTERPRETATIONS
15.1 In these terms and conditions:
15.2 These Terms are the only terms and conditions on which we contract for the sale of Goods and they form an integral part of the Contract between us. If we agree to vary any of the terms, the variation must be in writing confirmed by our duly authorised representative and by you.
16.1 The price of Goods quoted on our website includes VAT (Value Added Tax) where applicable. Where VAT is not included in the price, it will be added and payable by you at the appropriate rate.
16.2 The cost of packaging and postage is shown separately and (in the case of special or overseas orders) will be quoted by us on request and payable separately from the price of the Goods.
16.3 All published prices are subject to change at any time without notice.
17. ORDERING GOODS ONLINE
17.1 You confirm to us that all information which you are required to provide when ordering Goods online is accurate and complete in all respects at the time of the order and that this information relates to you/the person placing the order and not to any third party.
17.2 When an order is made online, the order confirmation issued by the company clearing the credit/debit card payment does not constitute acceptance of your order by us. We reserve the right to check any discrepancies and an order will be confirmed as soon as reasonably practicable and in any event before delivery of the Goods.
17.3 Any error in any ordering process due to technical or other reasons beyond our control entitles us not to treat the order as being binding on us.
We have made every effort to display the colours of our products as accurately as possible on www.colourfield.london. If you perceive colour differences between what is shown on the website on your computer and the actual colours of the items, this may be due to the colour reproduction on your computer.
19. EMBOSS YOUR NAME
If you choose to use our ‘Emboss Your Name’ service, we reserve the right to decline inappropriate requests including, but not limited to, the names of other brands and language that could be deemed offensive. This remains at our discretion, and we will contact you if there is a problem.
20.1 All payment for Goods and for the cost of packaging and delivery must be made before the Goods are delivered.
20.2 Payment online will be made by Paypal, credit or debit card. At our discretion, we may accept payment by cheque or other means. In all cases, delivery will not occur until we are satisfied that the payment has been made. In the case of a payment by cheque, this will be after the cheque has been cleared.
21.1 You have the right to cancel this contract within 30 days without giving any reason. The cancellation period will expire after 30 days from the day you receive the Goods (or a third party indicated by you receives them). In the case of multiple deliveries under a single order, the cancellation period runs from receipt of the last delivery.
21.2 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear written statement, by email to firstname.lastname@example.org
21.3 You must communicate your decision to cancel the Contract to us before the cancellation period has expired.
21.4 You must take reasonable care of all Goods in your possession and return them to us, at your expense, appropriately packaged to avoid damage, within 7 days following the cancellation date. See paragraph 23 below for more information on the required condition of returns.
21.5 If you cancel this Contract, we will refund all payments received from you. We may make a deduction from the refund for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you. See paragraph 23 below for more information on the required condition of returns.
21.6 We will make the refund without undue delay, and not later than (a) 14 days after the day we receive back from you the Goods supplied, or (b) (if earlier) 14 days after the day you provide evidence that you have returned the Goods, or (c) if there were no Goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
21.7 We will make the refund using the same means of payment that you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the refund.
22.1 We will give you an estimated delivery date for the Goods. No times or dates provided by us are guaranteed but, unless otherwise agreed, we will deliver Goods within 30 days from the date we confirm acceptance of your order.
22.2 We will arrange for packing and we will decide on the method of delivery either by post, courier or otherwise.
22.3 You must notify us promptly and in any event within 14 days of receipt of any Goods if they appear to be damaged in transit. In those circumstances, you must also keep all packaging as this may be required when making a claim.
22.4 If the damage or shortage has not been noted on the proof of delivery, you must notify us by 12pm the next working day otherwise we will not be able to file a claim with FedEx.
23.1 If you’ve purchased an item from one of our collections, you can request a refund or exchange within 14 days of receiving your order. ‘Design Your Own’ items can also be exchanged and refunded with the same conditions.
23. 2 All items must be returned to us in perfect condition (unused and suitable for resale), together with the original packaging, box, fabric bag and tag. The tag must still be attached to the product. We are unable to accept returns on items that are scratched, otherwise damaged, dirty, or that are not returned in their undamaged original packaging.
23.3 Please also send us an email to email@example.com
23.4 You will be responsible for returning the item to us and all associated costs. We strongly advise customers to use a tracked postal service (of your choice) and to keep their proof of postage safe. Colourfield will not be responsible for any items that fail to reach us.
23.5 Please note, we will process your refund when we receive the item(s) back and only if it is in perfect condition (unused and suitable for resale), as above. We will make the refund without undue delay, and not later than 14 days after the day we receive back from you the Goods supplied, using the same means of payment that you used for the initial transaction.
23.6 If you are returning a faulty item, you are entitled to a full refund including costs for return. Contact us at firstname.lastname@example.org with your order reference number and we will arrange free collection of your item.
23.7 Gift cards can be returned or exchanged within the usual 14 days from date of delivery, however, for security reasons we can only process refunds to the original purchaser. Gift cards are valid for 1 year from the date of purchase, and should the recipient wish to return or exchange the product purchased with their gift card, they are able to do so within 14 days from the date of the product’s delivery. Please note that we can still only process a refund to the original purchaser of the gift card, however far through the gift card’s 1-year validity.
23.8 Please note we are only able to accept one return or exchange per order, unless we made a mistake or it was damaged or faulty when it arrived.
24. RISK AND OWNERSHIP
24.1 The risk of loss or damage to Goods passes to you when you receive the Goods (or when they are received by some third party that you identified to take possession of the Goods). If you have agreed to arrange to collect the Goods from us, the risk in those Goods passes to you on collection by you or your carrier.
24.2 Ownership of all Goods remains with us until full payment of all amounts due to us has been received from you.
24.3 You will be responsible for the safe custody and insurance of all Goods in your possession.
24.4 You have no right to re-sell any Goods until payment has been received in full by us.
25. WARRANTIES AND LIABILITY
25.1 We warrant to you that the Goods ordered by you will meet the description as shown on our website (or any other description given to you in writing).
25.2 We will not have any responsibility for any damage which occurs to the Goods after you receive them.
25.3 If any defect in any Goods appears within 1 year of delivery, you must notify us as soon as you become aware of the defect, giving us full details. We will then decide, in consultation with you, whether the defect is our responsibility. If so, we may arrange either to repair the defective Goods or to replace them with similar Goods. Any defective Goods to be returned to us must be returned at your expense. Goods are faulty if they are received damaged or where a manufacturing fault occurs within 1 year of purchase. Items that are damaged as a result of normal wear and tear are not considered to be faulty.
25.4 We will not accept any responsibility for any wear and tear, accidental damage or failure by you or by any third party to adhere to any written recommendation provided in relation to the Goods. See our FAQs [link] for more information on caring for your Colourfield product.
25.5 Liability to you for loss or damage shall under no circumstances exceed the total amount you have paid us for those Goods. (However, we acknowledge that we cannot exclude legal liability for death or personal injury which is proved to be due to our negligence).
26. CUSTOMER DEFAULT
Then, in any of those events, we have the right to cancel the Contract and recover possession of any Goods which have been supplied for which payment has not been received in full.