BY VISITING, BROWSING, SHOPPING, ACCESSING OR OTHERWISE USING THIS WEB SITE (THE "SITE") OPERATED BY CHARLIE HARPER SHIRTS, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. Important Information About This Legal Contract You agree to this User Agreement, and all of its terms and conditions, by visiting, browsing, shopping, accessing or otherwise using the Site. These terms and conditions are subject to change without prior notice at any time, at CHARLIE HARPER SHIRTS sole discretion. By visiting, browsing, shopping, accessing or otherwise using the Site after a change has been posted to the Site, the Customer accepts that change. Customers/User's should check this User Agreement and the Privacy section regularly. Acceptance of Contract Terms This User Agreement, and all of its terms and conditions, constitute a legal contract between you and CHARLIE HARPER SHIRTS (References to "you" or "your" shall relate to a customer of CHARLIE HARPER SHIRTS or other party that visits, browses, shops, accesses or otherwise uses the Site (the "Customer"); references to "CHARLIE HARPER SHIRTS" shall relate to CHARLIE HARPER SHIRTS and its affiliates.) By visiting, browsing,shopping, accessing or otherwise using this site ("Site"), you acknowledge that you have read, understood, and agree to be bound by this User Agreement and comply with all applicable laws and regulations, including import /export and re-export control laws and regulations. If you do not agree to this User Agreement, as it may be changed by CHARLIE HARPER SHIRTS from time to time, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, UK and US copyright law and international treaties. This Site is controlled and operated by CHARLIE HARPER SHIRTS from its offices / facilities within the UNITED KINGDOM AND ASIA. CHARLIE HARPER SHIRTS makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is not authorized. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the UK without regard to conflict of law rules. You consent to jurisdiction of the courts located in the United Kingdom to hear any such claims. Access, Interference and Linking CHARLIE HARPER SHIRTS grants you a limited license to access and make personal use of the Site and not to download (other than page caching) ormodify it, or any portion of it, except as provided below under "Use Restrictions," or with express written consent of CHARLIE HARPER SHIRTS. The following activity on the Site is expressly prohibited: Any non-personal or commercial use of any robot, spider, other automatic device, or manual process to monitor or copy portions of the Site or the content contained herein without prior written permission by CHARLIE HARPER SHIRTS; collection or use of any product listings, descriptions, or prices, from the Site for the benefit of another merchant that supplies products competitive with or comparable to those offered on the Site; and, Any use of, visits to, or other action that imposes an unreasonable or disproportionately large load on the Site, or otherwise interferes with its proper and timely functioning. Any unauthorized use terminates the license granted by CHARLIE HARPER SHIRTS. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Site so long as the link does not portray CHARLIE HARPER SHIRTS, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any CHARLIE HARPER SHIRTS logo or other proprietary graphic or trademark as part of the link without express written permission. CHARLIE HARPER SHIRTS does not review or control third-party sites that link to or from the Site, and is not responsible for the contents of any third-party sites linked to or from the Site. Use Restrictions The copyright in all material provided on this Site is held by CHARLIE HARPER SHIRTS or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of CHARLIE HARPER SHIRTS or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded or printed materials. You also may not, without CHARLIE HARPER SHIRTS prior written permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. All trademarks and registered trademarks are the sole property of their respective owners. Photographs courtesy of respective manufacturers. Limitation of Liability UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CHARLIE HARPER SHIRTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF CHARLIE HARPER SHIRTS OR A CHARLIE HARPER SHIRTS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA,YOU ASSUME ANY COSTS THEREOF. Privacy Any details that are forwarded to us via the payment gateway such as email address, postal address, contact details etc are kept in strict confidence and WILL NEVER BE GIVEN SOLD OR DIVULGED TO ANY THIRD PARTY..WE HAVE NO ACCESS TO ANY OF YOUR FINANCIAL INFORMATION INCLUDING CREDIT DETAILS. Disagreement with These Terms and Conditions If you disagree with any of the terms and conditions of this User Agreement, please do not visit, browse, shop, access or otherwise use this Site. Terms & Conditions of Sale All sales made by Charlie Harper Shirts ("Seller") to you ("Customer") are governed by these Terms and Conditions of Sale unless otherwise indicated and agreed by Charlie Harper Shirts in writing. THE PLACEMENT OF AN ORDER VIA ELECTRONIC MEANS AND VIA THE WEBSITE IS YOUR AGREEMENT TO THESE TERMS AND CONDITION. CHARLIE HARPER SHIRTS RESERVES THE RIGHT TO AMEND OR MODIFY THESE TERMS AND CONDITIONS OF SALE AT ANY TIME AT ITS SOLE DISCRETION WITHOUT PRIOR NOTICE. Sale is Contingent on Customer’s Acceptance of Terms and Conditions. The Seller shall assume the Customer has read and agreed to the full terms & conditions of sale by the placement of an order. These Terms and Conditions of Sale (as set forth in this document) supersede the terms and conditions of any Customer's purchase order(s) and will govern all transactions between Customer and Seller. These Terms and Conditions of Sale also apply to all future transactions unless modified in writing signed by Seller. CHARLIE HARPER SHIRTS reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion. Payment Terms Seller accepts Visa/MasterCard and any other facility of payment accepted through the “Google” payment gateway. Customer will be charged a 20% service charge for any returned or exchanged items. All orders will be charged on receipt of order and before shipment. No order will be processed without confirmation of payment being received by the Seller from the “Google” payment gateway or other payment gateway provided on this website. Shipping The Customer is responsible for all shipping charges, where applicable FOB the Seller’s premises in Asia. Customs' brokerage / Import duties/ VAT or any other charges imposed during the delivery process is the Customer’s sole responsibility, Orders are normally shipped via International Registered Airmail. The Seller will ship using a carrier designated by the Customer upon request. Seller will not be responsible for shipping delays caused by any carrier or service. ALL items without exception WILL require a signature on delivery. If an item is returned to the Seller as “un-deliverable” for ANY reason the customer must pay for it to be re- shipped. Notice of Defects Customer is responsible for inspecting the merchandise upon receipt. Customer shall notify Seller in writing WITHIN 7 DAYS OF CUSTOMER’S RECEIPT OF THE MERCHANDISE of any defect in the merchandise discovered by Customer, including, without limitation, claims related to shortages or quality. Seller shall not be responsible for loss, non receipt or shortages when shipments are directed to a third party other than Customer or to an address other than that stated as the "billing" address. Returns and Cancellations The Seller has a FULL REFUND policy for manufacturing errors. If the customer finds the garment unsuitable for any reason then the Seller will provide a FULL REFUND of the garment price (NOT P&P) provided the order was NOT A SPECIAL ORDER OR EMBROIDERED and the GARMENT HAS NOT BE WORN, labels etc have not been removed and the seller is notified of the return within 14 days of receipt and the order is RECEIVED BACK AT THE SELLERS PREMISES NO MORE THAN 28 DAYS LATER. There will be a 20% restocking/handling fee. IN THE EVENT THE CUSTOMER ORDERS AN INCORRECT SIZE IT MAY BE EXCHANGED PROVIDED IT IS NOT A SPECIAL ORDER OR AN EMBROIDERED ITEM. THE CUSTOMER WILL BE RESPONSIBLE FOR ALL SHIPPING COSTS AND A RE-STOCK/HANDLING FEE = 20% "SPECIAL ORDERS" AND "EMBROIDERED" SHIRTS CANNOT BE RETURNED REFUNDED OR EXCHANGED The Customer must obtain a “RETURN CODE” from the Seller BEFORE returning any items. Items returned without this code WILL NOT be accepted. SPECIFIC GUIDELINES FOR RETURNS WILL BE GIVEN BY THE SELLER VIA EMAIL WHEN A RETURN REQUEST IS RECEIVED FROM THE CUSTOMER, IF THESE INSTRUCTIONS ARE NOT FOLLOWED THE SELLER RESERVES THE RIGHT TO REFUSE DELIVERY. CANCELLATION The garments are "Tailor made" specifically for each purchase there are conditions regarding "Cancellation" of an order. An order can be cancelled within 6 days of purchase/order placement without penalty. After this time the Seller will apply a sliding scale for refunds. within 6 days - FULL no quibble refund 7 - 10 days 50% refund of garment price 11 -14 days 25% refund of garment price Over 14 days - NO REFUND Shipping costs stated at purchase are ALWAYS refunded in FULL Deviation from the above is at the sole discretion of the Seller and dependant upon individual circumstances. Customer will be responsible for all freight and shipping charges on items returned that are not the result of Seller’s error. Customer Acceptance of Late or Defective Merchandise Customer’s failure to provide written notice of a claim, as set forth in these Terms and Conditions of Sale, shall constitute a waiver of any claim the Customer may have for damages resulting from such defects, including late delivery. Prices, Quantities, Styles, Colours Prices are subject to change without notice. All merchandise will be shipped at the prices in effect at the time of shipping. All orders are subject to availability of suitable material. The use of any material in the manufacture of the garment is at the sole discretion of the Seller and may be changed or substituted at any time without prior notice. The Customer accepts that colour(s) displayed by electronic means may not be a true and accurate reflection of the actual garment. Promotional Codes, Coupons, Discounts Discounts cannot be combined with any other promotional offer at time of redemption, nor can they be applied to previous purchases or gift certificates. Discount does not apply to tax, shipping and handling, or similar processing charges. DISCLAIMER OF WARRANTIES SELLER CANNOT GUARANTEE VARIANCES IN COLOR, SHADE, SIZE AND CONSTRUCTION OF MERCHANDISE. SELLER HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED AND EXCLUDED FROM ANY AND ALL TRANSACTIONS BETWEEN CUSTOMER AND SELLER AND SHALL NOT APPLY TO THE MERCHANDISE SOLD BY SELLER. LIMITATION ON LIABILITY CUSTOMER ACKNOWLEDGES THAT SELLER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR PERSONAL INJURIES OR DEATH RESULTING FROM USE OR SALE OF THE SELLER’S MERCHANDISE. No Liability for Outside Vendors Seller shall not be liable for any work performed by any third party vendor referred by Seller and hereby waives any right to assert any claim against Seller for work performed by any other third party or vendor, including but not limited to claims for negligent referral, agency, or respondent superior. NO GUARANTEE OR WARRANTY IS GIVEN OR IMPLIED AS TO THE SUITABILITY, FITNESS FOR PURPOSE OR USE OF ANY GARMENT OR ANY MATERIAL USED IN THE MAKING OF THE GARMENT. THE BUYER IS TO SATISFY THEMSELVES AS TO THE SUITABILITY AND USE. OF THE PRODUCT. NO LIABILITY IS ACCEPTED FOR ANY DAMAGE OR INJURY HOWSOEVER CAUSED EITHER DIRECTLY OR INDIRECTLY. GARMENT CARE AND USE IS THE SOLE RESPONSIBILITY OF THE PURCHASER. NO LIABILITY IS ACCEPTED FOR ANY DIRECTIONS OR INSTRUCTIONS GIVEN BY ANY THIRD PARTIES. CHARLIE HARPER SHIRTS DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED BY A THIRD-PARTY THROUGH THE SERVICE AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN ANY USER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, EACH USER SHOULD USE HIS OR HER BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. Jurisdiction/Governing Law Seller is headquartered in the United Kingdom. These Terms and Conditions of Sale shall be governed by and interpreted under the laws of the United Kingdom (without regard to its conflicts of laws principles). If any provision of these Terms and Conditions of Sale is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Use, which shall remain in full force and effect. Customer expressly agrees that exclusive jurisdiction for any dispute with Seller, or in any way relating to these Terms and Conditions of Sale, resides in the courts of the United Kingdom and you further agree and expressly submit to the personal and exclusive jurisdiction of the courts of the United Kingdom in connection with any such dispute including any claim involving the merchandise or Seller or its affiliates, subsidiaries, employees, contractors, officers, directors. Force Majeure Neither Buyer nor Seller shall be liable to the other for delays in performance of its obligation hereunder caused by acts of God, war (declared or undeclared), government regulation, terrorism, disaster, strikes, civil disorder, curtailment of transportation facilities, or similar occurrence beyond the party's control, making it impossible, illegal, or commercially impracticable for one or both parties to perform its obligations under these Terms and Conditions of Sale, in whole or in part. International Shipping and requirements In no case shall Seller be liable for any consequences or damages resulting from any delay in shipment or delivery. Customer agrees not to hold Seller liable for costs/damages or delays in shipments caused by weather conditions, shipping company delays, International customs issues or any other circumstances beyond Seller's direct control. Miscellaneous These Terms and Conditions of Sale constitute an agreement between Seller and Customer, superseding any prior agreements between Customer and Seller. The failure of Seller to exercise or enforce any right or provision of these Terms and Conditions of Sale shall not constitute a waiver of such right or provision. If you are unable to read this text, are unsure of its content or meaning or require it in another language then please contact us and we will try to help. WE RESERVE THE RIGHT TO ALTER OR AMEND ANY PART OF THIS DOCUMENT AT ANY TIME WITHOUT PRIOR NOTICE. |
"USER" AGREEMENT AND "TERMS & CONDITIONS" OF SALE
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