ashley williams
1.1 This website is operated by [Happy Ashley LTD] (Company No. [9121932]) whose
registered office is at [23-27 Arcola Street London E8 2DJ] (“we”, “us” or
“our”). 1.2 These terms and conditions (“the Terms”) apply to the use of the
website found at www.ashleywilliamslondon.com (“theWebsite”) including any
mirror sites or future incarnations of the site. The Terms should be read in
conjunction with the PrivacyPolicy found at the Website and (if applicable) any
other information listed on the Website and shall together form the agreement
between you and us. 1.3 It is important that you read and understand the Terms
before using the Website or placing an order for goods from the Website. By
accessing or using the Website, including placing an order, you are agreeing to
be bound by the Terms. If you do not agree to the Terms, you should not use the
Website or attempt to purchase goods from the Website. 1.4 The Terms may be
modified from time to time without notice to you. The version of the Terms which
will apply to any sale made through the Website will be the version found at the
Website at the time the order is placed. These will be notified to you either by
asking you to confirm before submitting the order or which shall be available
from the page of the Website on which the order is submitted. If for any reason
there is a discrepancy between the terms you are asked to agree and the terms
which are displayed elsewhere on the Website, the former will apply. 1.5 You are
responsible for making all arrangements necessary for you to have access to the
Website. You are also responsible for ensuring that all persons who access the
Website through your internet connection are aware of the Terms, and that they
comply with them. 2. Placing an Order 2.1 When you place an order to purchase
goods from the Website, your order is an offer to purchase those goods, not a
contract of sale. We are under no legal obligation to accept offers. If you then
receive a confirmatory email setting out your order, this is an acknowledgement
of the offer you have made and not acceptance of it. 2.2 Offers are accepted
when we take payment from you, or when we dispatch the goods, whichever is the
sooner, and until then there is no contract of sale between us. If you decide to
withdraw your offer you must notify us in writing via the address published at
the Website before payment is taken, and no payments shall be taken. 2.3 If a
product is incorrectly priced or the price displayed changes between your making
an offer to purchase and our accepting the offer we may nonetheless elect to
accept your offer at the price originally displayed. Alternatively, we may
notify you of the new price and you may elect to proceed with your order at the
amended price, or to cancel your order. 2.4 If a product is incorrectly priced
due to error and we have already accepted the order, but have not yet dispatched
the goods, we may suspend the order and notify you of the error and of the
correct price. You may then choose proceed with the order at the correct price,
or to cancel your order (or the part of it which was incorrectly priced). If you
choose to cancel your order in whole or in part and you have already paid the
order price, we shall refund the relevant amount of the order. If you do not
respond to the notification within a reasonable period of time we shall treat
this as a cancellation. For the avoidance of doubt, we are under no obligation
to fulfil an order for a product that was advertised at an erroneous price or
description if that error is discovered prior to dispatch. 2.5 If a product is
advertised as having a future release date, or is otherwise placed whilst the
product is not in stock, we are not liable for any delay to that product coming
in stock or if cancelled entirely. 2.6 Where an item is a limited edition, its
availability shall be construed as being first come first served. We cannot
accept any additional liability for limited edition items and our liability for
non-delivery of a limited edition item is limited to the price paid for the
item. 3. Cancellation of an Order after Dispatch 3.1 The provisions in this
section 3 apply to a cancellation of an order which has been dispatched to and
received by you and are in addition to do not affect your statutory rights to
return items which are defective or do not meet the product description. 3.2 You
may cancel your order, for any reason, up to seven working days after you have
received your goods by notice in writing at the address given on the Website. If
you cancel an order this way, the goods must be returned to us in a resalable
condition, wherever possible in original packaging and with all labels, seals
and wrappings. 3.3 Once return as set out in clause 3.2, we shall refund the
cost of the item and the postage you have paid, but you shall be responsible for
the cost of returning the item. 3.4 You acknowledge that once you have cancelled
the order then the items are no longer yours. You agree to return the items
promptly after your notice to cancelling the order. 3.5 Your refund shall be
made within 30 days of your notice to us cancelling the order. 3.6 The right to
cancel an order under this section shall not apply to intimates (items such as
earrings or underwear) or to items we have customised for you. 4. Ownership of
Goods 4.1 Ownership of goods order from the Website does not pass into your
hands until we have received full payment. 5. Registration Details 5.1 If you
are under the age of [18], you must have a parent’s or guardian’s consent before
registering for an account or placing an order. 5.2 We may use the data provided
by you to establish the veracity of all the registration details you have
provided when registering for an account, and we may limit or suspend your
entitlement to use the Website if we have reason to believe that any of these
details are provided falsely. 5.3 You are solely responsible for the accuracy,
legality, currency and compliance of your registration details and will be
solely liable for false, misleading, inaccurate, infringing or other actionable
material contained or referred to therein. 5.4 We reserve the right to terminate
suspend or restrict accounts without notice to you should you commit any breach
of the Terms or in our reasonable discretion we believe that it is your
intention to commit a breach of the Terms. 5.5 You are solely responsible in all
respects for all use of and for protecting the confidentiality of your account
and password which may be given to or selected by you for use on the Website.
You must immediately notify us of any unauthorised use of them or any other
breach of security. 5.6 You agree not to create multiple accounts. 6. General
Conduct 6.1 You shall not use the Website in any way that causes, or is likely
to cause, the Website or access to it to beinterrupted, damaged or impaired in
any way. You must not attempt to gain unauthorised access to the Website, the
server on which it is stored or any server, computer or database connected to
the Website. You understand that you are responsible for all electronic
communications and content sent from your computer to us and you must use the
Website for lawful purposes only. 7. Intellectual Property 7.1 All content and
all compilation of content included on the Website, including but not limited to
text, graphics, logos, icons, photographs and images is our property or is
licensed by us and is protected by copyright, database and trade mark right laws
in England and internationally. You may not copy any part of the Website without
our written permission. 8. Links 8.1 We have no control over the content of
third party sites and cannot guarantee the reliability of any links to third
party sites nor can we provide any guarantees or accept any liability in respect
of the content on such third party sites. 8.2 You may not create hyperlinks to
the Website without our prior written consent. All such permitted hyperlinks
must make it clear that the hyperlink is to our Website and that it is in no way
affiliated to any third party. 11. Limitation of Liability 11.1 Nothing in this
Agreement is intended to limit any rights you might have under applicable local
law or other statutory rights that may not be excluded nor in any way to exclude
or limit our liability to you for any death or personal injury resulting from
our negligence. 11.2 Any editorial content or material posted on the Website,
including pictures and product description, is not intended to amount to advice
on which reliance should be placed and we accept no liability or responsibility
arising from any reliance placed on such materials by any visitor to the
Website, or by anyone who may be informed of any of its contents. 11.3 We shall
have no liability for consequential loss or special damages as a result of any
failure to deliver items purchased from the Website. 12. Access to the Website
12.1 We will do everything we can to ensure that availability of the Website
will be uninterrupted and that transmissions will be error-free. However, this
cannot be guaranteed. The Website may be occasionally suspended or restricted to
allow for repairs, maintenance, the introduction of a new facility or service.
We will attempt to limit the frequency and duration of any such interruption.
13. Notices and Email Communications 13.1 When you visit the Website or send
emails to us, you are communicating with us electronically. We communicate with
you by email or by posting notices on the Website. For contractual purposes, you
consent to receiving communications from us electronically and you agree that
all agreements, notices, disclosures and other communications that we provide to
you electronically satisfy any legal requirement that such communications be in
writing. 13.2 Except as otherwise stated, any notices you wish to send to us
should be e-mailed to online store@ashleywilliamslondon.com. Any notices that we
may wish to draw to your attention will be displayed on our Website. 14. Law and
Jurisdiction 14.1 This Agreement (and any dispute, controversy, proceedings or
claim of whatever nature in relation to them) shall be governed and interpreted
in accordance with English law and the English courts shall have exclusive
jurisdiction in relation thereto.
