E-Lingerie Shop Term of Purchase
Effective Date: January 30, 2022
A. 1. SCOPE.
These UK Terms of Purchase apply to any transaction (including purchases) you make on or through the website located at elingerie.shop
A. 2. DEFINITIONS.
The terms “Company” , “we” , “us” or “our” will be used to describe your contractual partner who will be the respective seller of your product, who varies depending on your own location: If you are located in the UK, the seller and your contractual partner is A&J Linergie Ltd, United Kingdom, DY12NL, firstname.lastname@example.org.
When you buy a product or multiple products through our Site or Apps we will be speaking of “Purchases” .
“Agreement” shall mean the purchase contract concluded between you and the Company based on these UK Terms of Purchase.
“Force Majeure” shall mean events that are beyond our reasonable control.
A. 3. AGE REQUIREMENTS AND ACCEPTANCE.
(1) To shop with us, you need to be at least 16 years old.
A. 4. UPDATES.
(2) Notwithstanding the aforesaid, your purchase contract will be governed by the UK Terms of Purchase in force at the time that you place your order as described in Section B.
A. 5. EVENTS BEYOND OUR CONTROL.
We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under the UK Terms of Purchase or other contracts when caused by events that are beyond our reasonable control ( “Force Majeure” ). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:
Strike, lockout or other forms of protest.
Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, collapse, epidemic, pandemic or any other natural disaster.
Inability to use trains, ships, aircraft, motorized transport or other means of transport, public or private.
Inability to use public or private telecommunication systems.
Acts, decrees, legislation, regulations or restrictions of any government or public authority.
Strike, failure or accident in maritime or river transport, postal transport or any other type of transport.
It shall be understood that our obligations deriving from the UK Terms of Purchase or other contracts are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. We will provide all reasonable resources to end the situation of Force Majeure or to find a solution that enables us to fulfil our obligations by virtue of the UK Terms of Purchase or other contracts despite the situation of Force Majeure.
A. 6. LIMITATION OF LIABILITY.
(1) Your claims for damages are excluded, except for such claims for damages arising from injury to life, body, health or from the breach of essential contractual obligations (cardinal obligations) and except for liability for other damages based on an intentional or grossly negligent breach of duty by the Company, its legal representatives, employees or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.
(2) In the event of a breach of material contractual obligations, the Company shall only be liable for the foreseeable damage typical for the type of contract if such damage was caused by simple negligence, unless the damage claims are based on injury to life, body or health.
(3) The limitations of liability shall also apply in favor of the legal representatives, employees and vicarious agents of the Company if claims are asserted directly against them.
(4) Any applicable mandatory statutory provisions concerning liability for defective products remain unaffected.
A. 7. ASSIGNMENT.
You may not assign or transfer the Agreement (or any of your rights or obligations under the Agreement) without our prior written consent. Any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer the Agreement. The Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.
A. 8. ENTIRE AGREEMENT; NO WAIVER.
(1) These UK Terms of Purchase, together with any legal notices published on the Site or Apps, shall constitute the entire and only agreement between you and us concerning the Purchase, and supersede all prior terms, agreements, discussions and writings regarding the subject matter.
(2) Any terms and conditions which you include in any purchase order, confirmation of order or other document are expressly excluded.
(3) If any provision of the UK Terms of Purchase is found to be unenforceable, then that provision shall not affect the validity of the remaining provisions of the UK Terms of Purchase, which shall remain in full force and effect.
(4) No waiver of any term of the UK Terms of Purchase shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under the UK Terms of Purchase shall not constitute a waiver of such right or provision.
A. 9. INDEMNIFICATION.
You agree to release, indemnify, and defend the Company and any subsidiaries, affiliates, related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to your breach of these UK Terms of Purchase. We will notify you promptly of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, and if required, you will allow us to participate in the defense and will not settle any such claim without our prior written consent, and you will have no further obligation to defend us in that matter.
A. 10. APPLICABLE LEGISLATION AND JURISDICTION.
(1) These UK Terms of Purchase are governed by and construed in accordance with the laws of the UK, and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
(2) We both agree to submit to the non-exclusive jurisdiction of the courts of the UK, which means that you may bring a claim to enforce your consumer protection rights in connection with these UK Terms of Purchase in the UK.
A. 11. COPYRIGHT INFRINGEMENT.
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or linked to by the Company violates your copyright, you are encouraged to send an email to email@example.com .
A. 12. BUSINESS TRANSFERS.
A. 13. CONTACT US.
We welcome your questions and comments about our privacy practices or these UK Terms of Purchase. You may contact us anytime at our dedicated Privacy Center or through our Customer Service Platform .
B. 1. PRICE AND PAYMENT.
(1) All prices are exclusive of delivery charges. Delivery charges can always be accessed via the link “Shipping Info” via the Site or the Apps. They are also specified individually for your order within the checkout process. The total cost of the order is the price of the products ordered and the delivery charge.
(2) Prices may change at any time, but changes shall not affect the orders for which we have confirmed, as described under section B. 2. ORDER PROCESS below.
B. 2. ORDER PROCESS.
(1) Our display of products via the Site or the App is a non-binding offer. Once you have selected an article that you wish to buy, it will be added to your shopping basket ( “Shopping Bag” ). To process the order and make the payment, you must follow the steps of the purchase process, indicating or verifying the information requested in each step. Furthermore, throughout the purchase process, before payment, you can modify the details of your order, and you may be asked to log into your account or to register with us, to enter a shipping address, select a payment method and shipping option. You are provided with a detailed description of the purchase process at the “How To Order” page. If your order triggers a fraud alert in our security system, a verification email may be sent to your email address.
(3) Once you have finished the payment process, you can place an order by clicking the “Buy Now” or “Place Order” button, submitting an offer to us to buy (all) the product(s) in your Shopping Bag (your “Order” ). If you are a registered user, a record of all the orders placed by you is available in “My Account” area of the Site or Apps. To minimize the risk of non-authorised access, your credit card details will be encrypted. Once we receive your Order, we request a pre-authorisation on your card to ensure that there are sufficient funds to complete the transaction.
(4) We will then process your Order and send you a message to the email address you provided at checkout confirming receipt of your Order and containing the details of your Order ( “Order Confirmation” ). The Order Confirmation and/or the charging of your credit card or other payment method is confirmation we have received your Order.
(5) Our acceptance of your order and completion of the contract between us will take place when we dispatch the product(s) to you. Your card will be charged at the time of order unless you selected a pay later service (which is only available in certain countries) in which case your card will be charged at the time of shipment. If you select online banking, your placing of the order contains the debit mandate to charge your account.
B. 3. ERRORS.
(2) If you detect an error in your order after the completion of the payment process, you should immediately contact our customer service to correct the error.
(3) While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. We cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mis-priced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
B. 4. DUTIES.
For customers outside the UK, if a purchase on a single day exceeds 135 pounds, duties may be imposed.
B. 5. CUSTOMS.
In accordance with Customs regulations, you must provide valid and accurate data. All consignee names, addresses and payer names should be valid. Certain countries request that the consignee submit their ID or passport to clear the package or for payment verification purposes. It is your sole responsibility that the data you provide to us is complete and accurate. Should any information be missing or be incorrect and prevent any shipment or deliveries or customs clearance, we will not be responsible and will not offer any compensation in such cases. You hereby authorize Company and its affiliates to make statements, submit, amend and invalidate all declarations and documents necessary or useful to import goods ordered by you in your name and for your account. You authorize Company and its nominees and/or subagents as may be appointed from time to time to act as your customs broker, at all places in the UK. This power of attorney includes the power to make and receive service and deliveries, request refunds of any levies, taxes and fees relating to the importation of goods, to conduct administrative appeal and court proceedings as well as enforcement proceedings and appeals and remedies at all instances, file applications, complaints, etc. with public authorities, courts and other institutions, file, withdraw and/or waive legal remedies and appeals against judgments, orders, arbitral awards, payment orders, or any other orders and decisions of whatever kind, receive monies, valuables and documents and/or deeds. It also includes the right to instruct customs agents in the name and on behalf of you and to grant sub-authorization to customs agents and/or other representatives involved in handling matters relating to the importation of goods and complying with regulations regarding the importation of goods. As the importer, you are responsible for complying with all laws and regulations in your own country, and any levies, taxes and fees relating to the importation of goods.
B. 6. COLORS.
We have made every effort to display, as accurately as possible, the colors of our products that appear on the Site and Apps. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
B. 7. PACKING.
Unless otherwise provided, we will comply only with minimum packing standards for the method of transportation selected. The cost of all special packing, loading or bracing requested by you will be paid for by you.
– for purchases over £80 free delivery
– Royal Mail is £3.95.
– DPD Next Day Delivery to Mainland UK is £7.95. This is a guaranteed next day when ordered Monday to Thursday, excluding bank holidays. Orders must be placed before 1pm for same day dispatch. Orders placed on Friday after 1pm will be delivered the next working day.
B. 8. SHIPPING & DELIVERY.
We import our things from other Countries We aim to deliver orders as quickly as possible. However, sometimes during busy sale periods, deliveries may take longer. The expected delivery time is within 30 days, however, in case of shipping from countries other than the UK, it can be longer, pursuant to the information provided during the order process. If you have not received your delivery within 30 business days, please contact our Customer Services Platform .
B. 9. TITLE AND SHIPMENT.
Unless agreed otherwise, shipping will be made to the delivery address indicated by you. Title to any purchased items transfers from the respective Company selling entity (i.e., A&J Lingerie Ltd. if you are in the UK) to you as the respective customer once the items are loaded onto the international carrier outside of your country. Any claims against the Company for shortage or damage occurring prior to our delivery of the item to you must be made to customer service within five (5) days after your receipt of the goods.
B. 10. WARRANTY AND RETURN OF PRODUCTS.
(1) If you are a consumer residing in the UK, you may have statutory warranty rights. Notwithstanding such statutory warranty rights or your possible right of withdrawal pursuant to Section B. 11, wrong size items and quality problem items can be exchanged pursuant to this provision ( “voluntary return policy” ).
You may return your order up to 45 days from the purchase date by notifying us of your decision to do so via the respective function of the Site or Apps. Based on your wishes, we will either exchange the product or refund you the purchase price and shipping cost (free shipping only available for one return per purchase order). The refund will be paid either to your Wallet within your user account or to the original method of payment at your election.
The following items cannot be returned or exchanged pursuant to our voluntary return policy: bodysuits, lingerie & sleepwear, swimwear, jewelry, and accessories (except scarves, bags, and blankets).
(2) To exercise your statutory warranty rights or make use of our voluntary return policy, you must inform us by following the instructions on our Return page or contacting our Customer Service Platform .
B. 11. RIGHT OF WITHDRAWAL.
In addition to your right under our voluntary return policy, if you are a consumer residing in the UK, you also have the following statutory right to withdraw from the Agreement.
The statutory right to withdrawal does not exist or lapses, as the case may be, in the case of Agreements regarding the supply of sealed products which are not suitable for return due to health protection or hygiene reasons (e.g. bodysuits, lingerie & sleepwear, swimwear) and which were unsealed after delivery.
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party designated by you (other than the carrier) acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us by contacting our Customer Service Platform of your decision to withdraw from this contract by an unequivocal statement. You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as 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 such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the products or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will bear the costs of returning the products.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Model Withdrawal Form
If you reside in the UK:
- To: A&J Lingerie Ltd.,11 Langstone Road DY12NL Dudley, United Kingdom,
- I / we (*) hereby give notice that I/we (*) withdraw from my / our (*) contract of sale of the following goods (*) / for the provision of the following service (*):
- Ordered on (*) / received on (*):
- Name of the consumer (s):
- Address of the consumer (s):
- Signature of the consumer (s) (only for notification on paper):
(*) Delete where inapplicable