Terms And Conditions

Contents:

DEFINITIONS - In these conditions:

• 'Seller' means YourDreamDressForLess (or their trading name).
• 'Buyer' means the customer whether hiring or purchasing.
• 'Goods' means fabrics or finished garments or items of display.
• 'Order' means the order placed by the customer for the supply to him of goods.
• 'Carriage' means charges incurred for postage, packaging and administration.

1. CONTRACTS

1. Contracts are made and orders are accepted only upon and subject to these Conditions of Sale. All other conditions or terms whether put forward by the Buyer or inputted by law or custom are hereby excluded unless expressly accepted in writing by the Seller.
2. In entering into a contract with the Seller, the Buyer acknowledges that the contract has not been induced by any representations orally or in writing made by the Seller, their servants or agents.
3. No quotations, estimates or tender given or made by the Seller shall form an offer capable of acceptance by the Buyer. The Seller of the Buyer's order or other conformation to purchase shall only create a binding contract for sale upon the acceptance in writing.
4. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.

2. PRICES

1. Unless expressly stated otherwise in any quotation issued by the Seller to the Buyer, prices charged are as stated in the Seller's price lists ruling at the date of dispatch of the goods. Where the prices of goods as shown in the price lists as at the date of dispatch differ from the prices last notified to the Buyer, the prices shown in the Seller's price list current at the date of dispatch shall prevail and shall be binding on both parties and shall not give either party any right of cancellation.
2. The prices quoted by the Company in its price lists are subject to variation without notice, and in particular, the Seller reserves the right to review prices in the event of fluctuations in the rates of exchange of the pound sterling.

3. CONDITIONS AND WARRANTIES

1. Where samples of goods or colour charts are provided, these are submitted only as indicative of the class, size or colour of goods quoted for and sales of goods shall not be by reference to any such samples or colour charts, and shall not be taken to constitute a sale by sample.
2. Whilst all descriptions and illustrations of the good in (inter alia) catalogues, brochures and price lists provided by the Seller have been carefully prepared, they are intended nevertheless for general guidance only and do not form part of any contract for sale of goods and shall not be taken as a sale by description. No responsibility is accepted for any errors or omissions therein whether caused by the Seller negligence or otherwise or for any loss or damage resulting from reliance on such description and illustrations.
3. Where natural fibres are used, the weaving of the fabric may therefore contain minor variation and irregularities that are a Characteristic of fine yarn and should in no way be treated as defects.
4. All goods should be examined before cutting, as no claims can be accepted after the fabric has been cut.
5. The Seller reserves the right, at its own discretion to use different materials to those ordered, providing the substitute materials are suitable for the purpose required by the Buyer.
6. The Seller warrants that the goods shall be of merchantable quality. The sole obligation of the Seller for breach of this warranty as to the merchantable quality of the goods shall be at their option to grant the customer a credit at the price at which the goods were invoiced or to repair or replace defective goods with all reasonable dispatch provided that in all cases the allegedly defective goods were promptly returned to the Seller carriage paid, by the Seller's authorised carriers and the seller's prior authorisation having been obtained and the goods have been found after examination by the Seller not to have complied with the aforesaid terms.
7. The Seller shall have no liability for breach of the warranty as to the merchantable quality set out in clause 3(g) above to the extent that the defect in the goods has been caused or contributed to by any act of the Buyer and in particular by the Buyer having performed any alterations to the goods. Save as set out in clause 3(a) to (f) above, the Seller shall have no liability whatsoever arising out of or in connection with the sale or supply of goods by the Seller to the Buyer whether for direct, indirect, consequential or other loss and whether the same shall be caused by the negligence, misrepresentation or other tort of the Seller or by any breach of non-performance by the Seller of the contract with the Buyer and all conditions, warranties or other terms that are expressed or implied by law or otherwise inconsistent with the clause (3) are hereby excluded, provide that no where within in these conditions shall exclude or limit the Seller's liability for death or personal injury caused by its negligence.
8. If it is found by a court that the exclusion of liability set out in clause 3 (g) is unforceable, or otherwise is ineffective in excluding liability incurred by the Seller arising out of the supply of goods, the Seller's liability (other than for death or personal injury caused by its negligence) shall in any event be limited to a sum equal to the invoice value of the good.
9. All goods should be examined before alteration, as no claims can be accepted after the garment has been altered.

4. DELIVERY BY THE SELLER

1. Any dates quoted for delivery of the goods are approximate only and the Seller shall not be liable for any delay in delivery of the goods howsoever caused. Time for delivery shall not be of the essence unless previously and expressly agreed by the Seller in writing.
2. No claim in respect of damage in transit, shortage of delivery and completeness, will be accepted by the Seller unless the damage where manifest is noted on the delivery note and reported to the Seller within 10 working days of delivery in which event the sole liability of the Seller shall be, within a reasonable period, to repair or replace the damaged goods. Save as set out in this clause 4 the Seller shall have no liability whatsoever in respect of damage in transit, in all cases a signature 'unexamined' shall be deemed to be an unconditional acceptance of the goods.
3. Returns will only be accepted by the Seller if prior authorisation to return the goods has been obtained from the Seller and the goods are returned by the Seller's authorised carriers.

5. TERMS OF PAYMENT

1. Unless trade credit has been granted to the Buyer or unless otherwise expressly agreed in writing between the buyer and the Seller the price of goods shall be paid in full in advance, and the Seller shall be entitled to withhold delivery until payment in full is received.
2. Where the seller has agreed to accept payment following delivery of the goods the Buyer shall pay the full invoice price of such goods without any deduction or set off whatsoever:
   1. Unless the Seller demands earlier payment under clause (ii) on or before the last day of the month immediately following the month in which the Buyer was invoiced for the goods (a 'Due Date').
   2. On demand from the Seller, and the Seller shall have the right to make such demand at any time whether before, on or following delivery of the goods without any period of notice and shall not incur any liability to the Buyer as a result of making such demand (the date of such demand, if made on or after delivery, being a 'Due Date').
3. When payment of any sums due to the Seller has not been made by the Due Date, the Seller shall be entitled to charge interest accruing daily on the overdue sum at a monthly rate of 2% from the Due Date until the date payment in full is received whether before or after judgement.
4. What payment of any of the Seller's invoices is overdue, no new orders will be processed until all overdue monies are paid and the delivery period for the goods required by an order shall be deemed to run only from the date of such payment.
5. In the event of legal action being taken by the Seller against the Buyer for breach of payment obligations hereunder, the Buyer shall be responsible for all costs and disbursements incurred by the Seller on a full indemnity.
6. Paying for goods is the agreement thereof all the Terms / Conditions and return procedures / policies, as well as the acknowledgement that all orders are non cancellable, but the buyer can return the items.

6.1. RISK AND LIABILITY

1. Risk of damage to or loss of the goods shall pass to the Buyer at the time of delivery or, if the Buyer wrongfully fails to take delivery of the goods, the time when the Seller has tendered delivery of the goods. For the purpose of this Clause, 'delivery' shall mean the arrival of the goods at the place of delivery of the Buyer where delivery is by the Seller or where delivery is through collection by the Buyer.
2. In no event shall we or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising, including negligence).
3. The information provided by external organisations is for general guidance only. YourDreamDressForLess does not endorse or recommend any of the external organisations, services or information listed on this website. While YourDreamDressForLess aims to provide accurate and up to date information we cannot guarantee at any time that all the information is up to date and accurate. YourDreamDressForLess cannot accept liability for misleading or inaccurate information or omissions in information given to us by external information providers. Any images displayed on this page or website are subject to copyright legislation and must not be reproduced without the owner's permission.
4. YourDreamDressForLess does not take responsibility for the service where outside services are recommended. It is for the user of the services, to ensure the service providers, quality and competence.

6.2. RETENTION OF TITLE

1. Notwithstanding delivery and the passing of risk in the goods or any other provision of these conditions, the property in the goods shall not pass to the Buyer until the Seller has received in cash (or cleared funds) payment in full of the price of the goods and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due.
2. Until such time as the property in the goods passes to the Buyer, the Buyer shall hold the goods as the Sellers fiduciary agent and bailiff, and shall keep the goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Sellers property. Until that time the Buyer shall be entitled to resell or use goods in the ordinary course of its business, but shall account to the Seller for the proceeds of sale otherwise of the goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any monies or property of the Buyer and third parties and, the case of tangible proceeds, properly stored protected and insured.
3. Until such time as the property in the goods passes to the Buyer (and provided the goods are still in existence and have not been resold), the Seller shall be entitled at any time to require the Buyer to deliver up the goods to the Seller and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the goods are stored and repossess the goods.
4. The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods which remain the property of the Seller, if the Buyer does so, all monies owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.

7. CUSTOMER CANCELLATION OF ORDER

Only the Sellers written acceptance of such cancellation thereof may cancel contracts and orders and parts. A charge to the Buyer of 100% of the invoice price will be made in the event of a cancellation, (in any case where the Seller was required to place an order with a manufacturer or supplier in respect of an order, the Seller may require the Buyer to reimburse such sum in the event of cancellation).

8. LENGTHS

No orders for shorter lengths can be accepted unless explicitly stated.

9. SPECIAL ORDERS

A twenty per cent surcharge applies to special measures size 20 and above and longer lengths.

10. FORCE MAJEURE

The Sellers shall not be liable for the Buyer or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of the Seller's obligations in relation to the goods, or part of an order if the delay or failure was due to any cause beyond the Seller's reasonable control.

Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller's control:

Act of God, explosion, flood, tempest, fire or accident. War or threat of war, sabotage, insurrection, civil-disturbance or requisition. Acts, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any government, parliamentary or local authority. Import or export regulations or embargoes. Strikes; lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or a third party) Difficulties in obtaining raw materials, labour, fuel, part of machinery. Power failure or breakdowns in machinery.

11. INSOLVENCY, BANKRUPTCY

The Seller has the right to terminate the contract forthwith where the Buyer becomes insolvent or bankrupt or makes arrangements with its creditors or suffers a receiver to be appointed or being a body corporate enters in liquidation (other than in connection with a reconstruction or amalgamation) in any of which cases the Seller shall have no further obligation hereunder and price for all goods delivered and work done shall become immediately due and payable.

12. LAW APPLICABLE

These conditions shall be governed and construed in accordance with English law and all disputes arising in connection therewith shall be submitted to the jurisdiction of the English courts.

These conditions shall be governed by and construed in accordance with the laws of England. YourDreamDressForLess controls YourDreamDressForLess.co.uk from within the country of England. It can, however, be accessed from other places around the world. Although these places may have different laws from England, by accessing YourDreamDressForLess.co.uk you agree that the laws of England, without regard to rules relating to conflict of laws, will apply to all matters relating to your use of YourDreamDressForLess.co.uk You and YourDreamDressForLess also agree to submit to the non-exclusive jurisdiction of the English courts, with respect to such matters. Users of YourDreamDressForLess.co.uk accessing it from places outside of England Acknowledge that they do so voluntarily and are responsible for complying with local laws.

13. ASSIGNMENT

The rights and obligations of the Buyer under any contract with the Seller shall not be capable of assignment to any other person.

14. QUOTATIONS AND MAKING

All advice and quotations are given in good faith by the Seller or their agents, and shall not constitute any part of the contract whether written or verbal.

Where garments are specially made or altered by a recommended dressmaker, the recommendation is made in good faith and no liability is attached to the Seller.

It is the Buyer's responsibility to advise the dressmaker throughout all stages of making/altering as to their satisfaction of the style and design, standards of workmanship and the fit of the garment. The dressmaker accepts no responsibility once the Buyer has taken delivery of the goods.

The dressmaker reserves the right to make an extra charge where changes and alterations have to be made due to circumstances outside the dressmaker's control.

15. HEADINGS

The headings of these conditions do not form part of the conditions and shall not affect the interpretation.

16. WAIVER

No Waiver by the company of any breach of these conditions shall be considered a waiver of any subsequent breach of the same or any other condition.

17. ACCESS AND INTERFERENCE

Subject to applicable third-party content-providers' licences, you may electronically copy and print in hard copy, portions of YourDreamDressForLess.co.uk for personal use only. You are not permitted to sell or trade material so copied. Any other use, modification, distribution of republication without the prior written consent of YourDreamDressForLess is similarly strictly prohibited.

18. NO WARRANTY

Our suppliers and we provide our website and services "as is" and without any warranty or condition, expressed, implied or statutory. Our suppliers, and we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. YourDreamDressForLess.co.uk is provided by YourDreamDressForLess on an "as is" and "as and when available" basis to users. You use YourDreamDressForLess.co.uk at your own risk.

YourDreamDressForLess and its associated content-provider organisations make considerable efforts to make information made available via YourDreamDressForLess.co.uk as accurate as possible but no warranty of fitness is implied.

Neither YourDreamDressForLess nor any of its officers, directors, shareholders, employees, affiliates, agents, third-party content providers, sponsors, licensers, or the like, makes any representation or warranty or condition, either express or implied, to:

That YourDreamDressForLess.co.uk will be uninterrupted or error free, That YourDreamDressForLess.co.uk or the computer server from which YourDreamDressForLess.co.uk is made available, are free of viruses or other harmful components.

19. COPYRIGHT

Except where otherwise noted, the content of YourDreamDressForLess.co.uk web pages (including the design, text, graphics and arrangements thereof) and the software used therein, is property of and is owned and controlled by YourDreamDressForLess and is the copyright material of YourDreamDressForLess or its associated content-provider organisations. Information displayed as YourDreamDressForLess.co.uk search results is extracted from copyright work owned by YourDreamDressForLess. This compilation is a copyright work © YourDreamDressForLess 2002. All rights are reserved

The information provided by external organisations is for general guidance only. YourDreamDressForLess does not endorse or recommend any of the external organisations, services or information listed on this website. While YourDreamDressForLess aims to provide accurate and up to date information we cannot guarantee at any time that all the information is up to date and accurate. YourDreamDressForLess cannot accept liability for misleading or inaccurate information or omissions in information given to us by external information providers. Any images displayed on this page or website are subject to copyright legislation and must not be reproduced without the owner's permission.

20. NOTICES

Except as explicitly stated otherwise, any notice shall be given by postal mail to YourDreamDressForLess, PO Box 610, Watford, WD18 3YZ.

21. LIMITATION OF LIABILITY

Neither YourDreamDressForLess nor its associated content-provider organisations seek to limit or exclude liability for death or personal injury arising from their negligence.

Under no circumstances will YourDreamDressForLess or any of its officers, directors, shareholders, employees, affiliates, agents, sponsors, licensers, or any other party involved in the creation, production, maintenance or distribution of YourDreamDressForLess.co.uk be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to loss of profits, business, anticipated savings, goodwill, use of data or other intangible losses) that result from either:

The use and reliance on YourDreamDressForLess.co.uk; or

The inability to use YourDreamDressForLess.co.uk; or

Mistakes, omissions, interruptions, suspension, termination, deletion of files or email, errors, defects, viruses, delays in operation, transmission or service response time, or any failure of performance with respect to YourDreamDressForLess.co.uk including without limitation those arising from acts of God, communications failure, theft, destruction or unauthorised access to YourDreamDressForLess 's records, programs or services; or

Merchandise, products or services received through or advertised on YourDreamDressForLess.co.uk and merchandise, products or services received through or advertised on any links provided on YourDreamDressForLess.co.uk; or

Information or advice received through or advertised on YourDreamDressForLess.co.uk and information or advice received through or advertised on any links provided on YourDreamDressForLess.co.uk; or

Any information, data, text, messages and other materials that you email, post upload, reproduce, transmit or is otherwise distributed using YourDreamDressForLess.co.uk

YourDreamDressForLess is unable to ensure or guarantee the security of any information transmitted over the Internet although the up most care and effort is made. Any information or data, which you transmit to or by using YourDreamDressForLess, is done at your own risk and YourDreamDressForLess shall not be responsible or liable for any damages or injury that may result from transmitting such information. If any jurisdiction does not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.

22. MISCELLANEOUS

These conditions and any and all documents specifically referenced herein constitute the entire agreement between you and YourDreamDressForLess with respect to the subject matter hereof. If any provision contained in these conditions is determined by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, that provision shall be severed from these conditions and the remaining provisions shall continue in full force and effect.

23. RETURNS POLICY

No Item will be accepted if all the returns procedures and "terms and conditions" have not been correctly adhered to.

24. RETURNS PROCEDURE

The 'Buyer' has seven days to log on to YourDreamDressForLess.co.uk from the date of dispatch and obtain a returns number for the item or items that the 'Buyer' would like to return, before the returns period expires. Once receiving a returns number, the 'Buyer' now has a further 5 days for the item to be received into our possession, in our receivables department, the address and information the buyer requires is included within the welcome pack and on the aforementioned website.

Please note that we do not accept parcels that have been received beyond the 5-day limit and/or without a valid returns number to be printed clearly on the appropriate box on the self-adhesive returns label (included within the YourDreamDressForLess welcome pack) and fixed to the outside of the package.

Please note that we cannot offer refunds without this specific returns number. Refunds can only be made to the original card that the goods were purchased with. For the 'Buyers' own convenience, we have left making the arrangements for the item or items to be returned in the 'Buyers' hands, including payment for carriage, it is important to bare in mind the time constraints and conditions of this returns policy. It is important that when returning goods that they are insured and all documents from the carrier are kept safely, as late arrivals may mean that the 'Buyer' may have to make a claim against the carrier, as the late delivery of parcels will not be accepted.

When returning products please ensure that they are in the same condition in which they left our sales department. Please be careful not to get any makeup or other marks on the products, as the charge for cleaning a product is as much as £50. Please do not try and remove any marks that you make yourself, as this may render the product non-repairable and therefore non-refundable. Please ensure that the products are carefully packed using the original tissue and bags supplied, as, in the case of dresses, the charge for re-pressing is £25. In the unlikely event of these charges being incurred they will automatically be deducted from your refund.