Terms & Conditions
This page sets out the terms and conditions on which we supply the goods (Goods) listed on our website www.xileclothing.co.uk (our site) to you.
Please read these terms and conditions carefully and make sure that you understand them, before ordering any Goods from our site. Please be aware that by ordering our Goods, you agree to be bound by these terms and conditions.
We recommend that you print a copy of these terms and conditions for future reference.
Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Goods from our site.
1. INFORMATION ABOUT US
1.1 Tessuti ltd operate the website www.xileclothing.com Tessuti Retail company is registered in England under company number 5640916 with our registered office at Edinburgh House, Hollinsbrook Way, Pilsworth, Lancs, BL9 8RR. VAT no 787 4401 02
2. YOUR STATUS
2.1 By placing an order through our site, you warrant that:
(a) you are legally capable of entering into binding contracts;
(b) you are at least 18 years old;
(c) all details you provide to us for the purpose of purchasing goods which may be offered by us on our site will be correct, that the credit or debit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Goods. We reserve the right to obtain validation of your credit or debit card details before providing you with the Goods; and
(d) you are buying the Goods as a consumer and not for resale.
2.2 It is a crime to use a false name or a known invalid credit card to order goods. Anyone caught deliberately entering an incorrect or fictitious order will be prosecuted to the fullest extent of the law.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy the Goods. All orders are subject to acceptance by us and product availability, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Goods have been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation. The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation, which will contain a hard copy of the Terms and Conditions to which you have agreed.
3.2 The Contract will relate only to those Goods whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Goods which may have been part of your order until the dispatch of such Goods has been confirmed in a separate Dispatch Confirmation.
3.3 Xile Clothing are entitled to refuse any order placed by you without being required to give any reason to you. We will refuse any order which we reasonably suspect to be fraudulent or illegal.
4. CONSUMER RIGHTS
4.1 You may cancel a Contract at any time within fourteen (14) days, beginning on the day after you received the Goods. To cancel a Contract, you can inform us by using the model cancellation form (4.2) either by post or email or via any viable method of communication within those fourteen (14) days, and return the Goods to us within fourteen (14) days after the day of delivery. Where the Model Cancellation Form is used written acknowledgements will be sent without undue delay.
4.2 MODEL CANCELLATION FORM
[*] Delete as appropriate.
To Xile Clothing, 92 George St, Edinburgh EH2 3DF email@example.com:
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract for the supply of the following service [*],
Ordered on [*] / received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
4.3 You must also return the Goods to us as soon as reasonably practicable, and at your own cost. On receipt of the Goods we will refund to you the price paid for the Goods in accordance with our refunds policy (set out in clause 7 below).
4.4 While in your possession, you must take reasonable care of the Goods you intend to return to us. In particular:
(a) you must not wear or use any Goods that you intend to return to us except to try them on to see if they fit; and
(b) all Goods must be returned to us in the original packaging with all labels and barcodes attached and with any free or promotional items which originally accompanied them.
If you fail to comply with this obligation, we may have a right of action against you for compensation.
4.5 Your right to cancel may not exist if it falls outside of these given time frames and provisions.
4.6 The provisions within clause 4 do not affect your other rights under law as a consumer.
5.1 Any times or dates stated on our site for delivery are estimates only, where estimates aren't given a delivery timeframe of up to 30 days is enforced. We make all reasonable effort to deliver goods within the times specified, but we do not accept liability for any failure to deliver within that time. Once your order has been received you must check your Goods and notify us within 2 working days of any discrepancy from your order or damage to the Goods.
5.2 If the Goods you ordered are unavailable for delivery within thirty (30) days of the date of order, we will notify you by email or telephone and offer you a refund or an alternative item.
5.3 If the Goods you ordered are not received within 3 working days of the date on which delivery was estimated to occur then you should notify us by email with your order number. We will note that the order has been delivered late and will contact the courier if appropriate. If the Products were being sent by Royal Mail and you have not received them after 15 working days (i.e. 3 weeks) then you must contact your local Royal Mail Sorting Office to report that the Products have not been received before contacting Us. You will then be required to complete a Royal Mail P91 form for us to investigate the non-delivery of the Products.
5.4 In order to ensure that you receive the Products requested by you as soon as possible then we recommend that you reorder the Products on the website.
5.5 The Goods will be your responsibility from the time of delivery.
5.6 When placing an order with Xile Clothing you are entering into a contract with our chosen courier company (Parcel Force / FedEx / DPD / Royal Mail depending on delivery location and service required). The following links cover the full terms and conditions for both courier services. – Parcel Force Terms & Conditions – FedEx Terms & Conditions - DPD Terms & Conditions - Royal Mail Terms & Conditions
6. PRICE AND PAYMENT
6.1 The price of the Goods and our postage and packaging charges will be as quoted on our site from time to time, except in cases of obvious error.
6.2 Product prices include VAT but do not include postage and packaging. Xile Clothing does not deduct VAT for international customers.
6.3 Prices of Goods and postage and packaging charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
6.4 Our site contains a large number of Goods and it is always possible that, despite our best efforts, some of the Goods listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where the Goods' correct price is less than our stated price, we will charge the lower amount when dispatching the Goods to you. If the Goods' correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject your order and notify you that we are rejecting it.
6.5 If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to provide the Goods to you at the incorrect (lower) price.
6.6 Payment for all Goods must be by credit or debit card or by Paypal. We accept payment with Visa, Maestro, Switch, Mastercard and Solo.
6.7 All credit and debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we shall not be liable for any delay or non-delivery.
6.8 We reserve the right to deduct an administration fee from your credit or debit card to cover our reasonable expenses if the Goods are not delivered because the address is incorrect as a result of you providing incorrect information to us when you placed the order.
6.9 Where there is a * within a promotion, this means there are exclusions. For example Pre-Orders and New-In items may be excluded.
7. OUR REFUNDS POLICY
(a) the Goods delivered are not what you ordered, or do not correspond with their description;
(b) the Goods delivered are not of a satisfactory quality; or
(c) the Goods delivered are not fit for the purpose for which Goods of that kind are commonly supplied,
Xile Clothing will, at its option, deliver to you replacement Goods or refund to you the price paid and your reasonable costs of returning the Goods. Please include a receipt for the postage charges in the parcel returning the Goods and we will refund the postage to you.
7.2 If you are returning the Goods because they are damaged or faulty then please include a written explanation of the fault or damage. Faulty or Damaged goods can be returned up to 30 days of receipt of purchase.
7.3 If you return the Goods to us:
(a) because you have cancelled the Contract between us within the fourteen-day cooling-off period (see clause 4.1 above), we will process the refund due to you within 14 days of receipt of the goods. In this case, we will refund the price of the Goods in full. However, you will be responsible for the cost of returning the item to us. No refunds will be processed until the goods are received by Xile Clothing.
(b) for a reason specified in clause 7.1, we will examine the returned Product and we may also send the returned Goods to our supplier for examination. If our supplier accepts that the Goods are faulty or defective we will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of the defective Goods in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
(c) If you return part of the goods from your order, you will NOT be entitled to a refund on your postage costs, because delivery is charged per order not per item.
7.4 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
8. OUR LIABILITY
8.1 Subject to clause 8.1 and clause 5.2, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Goods.
8.2 The Goods sold on our site are provided for private, domestic and consumer use only. Therefore we do not accept liability for any indirect or consequential loss, loss of income or revenue, loss of business, loss of profits and/or loss from claims of third parties arising from the use of our site or the Goods.
8.3 Nothing in this agreement excludes or limits our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
(d) defective Goods under the Consumer Protection Act 1987; or
(e) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
8.4 We make no warranty that our site will meet your requirements or will be error-free, uninterrupted and timely, that defects will be corrected or that our site is free of viruses or bugs. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through our site.
8.5 To the fullest extent permitted under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Goods. This does not affect your statutory rights as a customer, or your rights under clause 7.1 above.
9. YOUR RESPONSIBILITIES IF YOU BREAK THIS CONTRACT
9.1 You agree that if you break the Contract between you and us or we incur any liabilities arising out of your use of the site then you will be responsible for the costs and expenses that we or our offices, directors, employees, agents and suppliers incur as a result of the breach, including reasonable legal fees (if applicable).
10. IMPORT DUTY
10.1 If your delivery address is outside the UK, you may have to pay import duties and taxes which are levied when the delivery reaches your country. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
10.2 Please also note that you must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable for any breach by you of any such laws.
11. COPYRIGHT AND LINKS
11.1 The contents of our site are protected by international copyright laws and other intellectual property rights. We, our affiliates or other third party licensors are the owner of these rights. All product and company names and logos mentioned in our website are the trade marks, service marks or trading names of their respective owners with whom we have appropriate signed contracts. You may download material from our website for the sole purpose of placing an order with us or using our website as a shopping resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our site including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so by us.
11.2 We make no representations whatsoever about any other websites which you may access through our site or which may link to our site. When you access any other website you understand that it is independent from Xile Clothing and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that we endorse or accept any responsibility for the content, or the use of, such a website and we shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource.
12. APPLICABILITY OF ONLINE MATERIALS AND AVAILABILITY OF OUR SITE
12.1 Unless otherwise specified all content and materials published on our site are presented solely for your private, personal and non-commercial use.
12.2 The description of the Goods on the site are provided by Xile Clothing. All information on the Goods are published in good faith. We reserve the right to change information, pricing and descriptions of Goods at any time and without notice.
12.3 We are under a legal duty to supply goods that are in conformity with the contract and we have taken every measure to provide accurate product images for the Goods for sale on our site. However, due to a number of different factors such as Internet browsers, monitor colour contrasts etc, we cannot be held responsible or liable for any differences in colour between the image and the actual product.
13. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
14.1 We may, but you may not, assign any rights and/or transfer, sub-contract or delegate our obligations under the Contract, and/or charge or deal in any other manner with the Contract or any of our respective rights or obligations. Any purported assignment, transfer, sub-contracting, delegation, charging or dealing in contravention of this clause 14.1 shall be ineffective. The Contract is personal to you and is entered into by you for your own benefit and not for the benefit of any third party.
14.2 We may alter these terms and conditions from time to time and post the new version on our site, following which all use of our site will be governed by that version. You must check the terms and conditions on the site regularly.
14.3 If any provision or term of the Contract shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be severed from the other terms of the Contract and shall be deemed to be deleted from them.
14.4 Except in respect of a payment obligation, neither you nor we will be held liable for any failure to perform any obligation to the other due to causes beyond your or our respective reasonable control.
14.5 Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.
14.6 These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.
14.7 While we accept responsibility for statements made by our employees and agents the Contract governs our relationship with you. To ensure clarity as to our respective obligations any changes to the Contract must be in writing and signed by both parties.
14.8 The Contract and any dispute or claim arising out of it (including non-contractual disputes or claims) will be governed by Scottish law but you are not prohibited from starting proceedings in the courts of any part of the United Kingdom.
15. CONTACT INFORMATION
15.1 If you wish to contact us then you should write to us via email at firstname.lastname@example.org or by post at 92 George St, Edinburgh EH2 3DF.
15.2 If you wish to contact Xile Clothing during office hours by telephone please call 0131 225 4869 (Calls charged at the local rate)
15.3 If we need to contact you then we will write to you at either the email or postal address you have provided during registration on our site.
15.4 Any notice served by either party will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or three (3) days after the date of posting.
These terms and conditions replace all other terms and conditions previously applicable to the use of our site and/or sale of the Goods.
17. COMPLAINTS HANDLING POLICY
17.1 We have a procedure for investigating complaints and for dealing with queries about our website. Please contact us via email at email@example.com , by telephone on 0131 226 4869 (Calls charged at the local rate) or write to us at Xile, 92 George Street, Edinburgh, EH2 3DF
18.1 Items may be excluded from promotions. These items are selected at Xile's discretion and may include pre-orders, adidas footwear and Y-3.