Terms and Conditions
Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Last Updated: September 2016
- “Conditions” means these terms and conditions.
- “Contract” means the contract incorporating these Conditions which is formed when You place an Order and We confirm acceptance of such Order.
- “International” means countries other than the United Kingdom.
- “Order” means an order placed by You via this Website for one or more Products.
- “Personal Information” means all and any information provided by You in an Order or when registering on any part of this Website to include without limit your name, address and card details.
- “Product” means any product advertised on this Website.
- “UK/United Kingdom” means England, Scotland, Wales, Northern Ireland and Isle of Man.
- “We/Us/Our” means Kate's Clothing Ltd of Unit M26 Hastingwood Ind Park, Wood Lane, Erdington, Birmingham, B24 9QR, England registered in England and Wales with Registered Number 05618350, VAT Registration Number GB874278974.
- “Website” means www.katesclothing.co.uk, www.katesclothing.uk or www.gothicclothing.co.uk which are operated by Us.
- “You/Your” means a user of this Website.
USE OF THIS WEBSITE
Application of these Conditions
When using the Website, You accept that communication with Us will be mainly electronic. We will contact You by email or provide You with information by posting notices on the 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.
We may change these Conditions from time to time without notice to You. Changes will apply to any subsequent Orders received. It is your responsibility to check regularly to see if any changes have been made to these Conditions. We reserve the right to modify or withdraw this Website at any time without liability to You.
You are responsible for maintaining the confidentiality of the password chosen by You when You register on the Website and for restricting access to your computer and/or email address to prevent unauthorised access to your account.
Description and Availability
We take all reasonable measures to ensure that details, measurements and descriptions of Products given on this Website are as accurate and complete as possible but there may be variations between these and the Products themselves All Products are subject to availability.
Prices appearing on this Website are inclusive of sales tax (where applicable) at the current rates.
The cost of your Order will be the price of the Products ordered plus the appropriate delivery charge outlined in the “Delivery Services” section below.
Due to circumstances beyond our control prices may have to be altered, including any variations in the rate of sales tax. If this occurs You will be notified and requested to reconfirm your Order at the altered price.
By notifying You, We shall be entitled to cancel any Contract in whole or in part to the extent that it is for the purchase of a Product the price of which was stated incorrectly on the Website.
Placing an Order
You must not order Products via this Website if You are younger than 16 years of age.
All Orders are subject to acceptance by Us and are subject to availability. After placing an Order, You will receive an email 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 a Product. All Orders are subject to acceptance by Us and We will confirm such acceptance by dispatching You an email that confirms that the Product has been dispatched (the “Dispatch Notice”). The Contract between Us will only be formed when We send You the Dispatch Notice.
You may cancel a Contract and obtain a refund any time within 30 days after receipt of Products by notifying Us in writing and returning the Products to Us (See “Returning Products” below.).
There are easy and flexible ways for You to pay for Your Order. We accept:
- Mastercard and Visa credit cards
- Maestro, Visa, Delta, Solo or Electron debit cards
- Postal Order
Simply complete the details when prompted to do so in the checkout section of this Website.
You confirm that the card or PayPal account being used is yours.
We may undertake searches with credit reference agencies for the purpose of verifying your identity and the Personal Information You submit as part of an Order To do so the agencies may check your Personal Information against any particulars on any database (public or otherwise) to which they have access. They may also use your details in the future to assist other companies for verification purposes. By submitting your Order You agree to this. For details of the credit reference agencies we receive information from and share information with, write to Kate's Clothing, Unit M26 Hastingwood Ind Park, Wood Lane, Erdington, Birmingham, B24 9QR, United Kingdom.
You agree to indemnify Us fully from and against all claims, liability, damages, losses, costs and expenses (including legal fees) arising out of any breach of these Conditions by You or any other liability arising out of your use of this Website or out of the use of this Website by any person using your account number and/or password.
We warrant to You that any Product purchased from Us through the Website is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
Our liability for losses You suffer as a result of Us breaching this Contract is strictly limited to the purchase price of the Product You purchased.
To the fullest extent possible and except for the warranty set out above, We disclaim any and all warranties of any kind (whether expressed or implied) in relation to the Products.
We will not be liable to You in contract, tort, or otherwise for any loss of profits, loss of business, loss of anticipated savings, loss of opportunity, loss of data or any other indirect or economic losses whatsoever suffered or incurred by You arising out of the subject of these Conditions.
Nothing herein shall affect your statutory rights.
Nothing in these Conditions shall limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees, under section 2(3) of the Consumer Protection Act 1987, for fraud or fraudulent misrepresentation or for any matter for which it would be illegal for Us to exclude, or attempt to exclude Our liability.
English language is the only language offered for the conclusion of a Contract.
We may assign or transfer any of our rights or obligations under a Contract.
You may not assign or transfer any of Your rights or obligations under this Contract.
If We fail, at any time of the Contract, to insist upon strict performance of any of Your obligations under the Contract, or if We fail to exercise any of the rights or remedies to which We are entitled under this Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.
A waiver by Us of any default shall not constitute a waiver of any subsequent default.
No waiver by Us of any of the terms and conditions of the Contract shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing.
If any part of these Conditions is held to be invalid or unenforceable in whole or in part the invalid or unenforceable wording shall be deemed to be omitted, and the rest of the Conditions shall continue to be valid to the fullest extent permitted by law.
Each Contract shall be governed by these Conditions which contain the entire agreement between You and Us in respect of its subject matter and supersedes any previous agreements relating to such matter.
These Conditions shall be governed by and construed in accordance with English law and You hereby submit to the exclusive jurisdiction of the English courts.
SECURE ONLINE SHOPPING
We provide excellent security on-line at www.katesclothing.co.uk:
All payment transactions are carried out over an SSL Encrypted secure connection. We do this using industry standard technology.
Depending on your browser, you will find a padlock symbol, normally at the bottom of the window or in the address bar. If You click on this, You will see our secure certificate, meaning that your data is visible only to Us
When You visit this Website We may collect, and our third party providers of advertisements and content may collect, information about where You are on the internet (e.g. the URL You came from, IP address, domain name types like .co.uk and .com), your browser type, the country and telephone area code where your computer is located, the pages of this Website that were viewed during your visit, the advertisements You clicked on, and any search terms that You entered on our website (“User Information”) We and they, may collect this User Information even if You do not register on this Website When You register or shop on this Website, we will (where applicable) ask You to input and We will collect your Personal Information.
We will treat all your Personal Information (which includes any User Information from which we can identify You) as confidential (although We reserve the right to disclose this Personal Information in the circumstances set out below). We will keep it on a secure server and We will fully comply with all applicable UK Data Protection and consumer legislation.
We only use your personal Information for the following purposes:
- a) Processing your Orders;
- b) For statistical purposes to improve this Website and its services to You;
- c) To administer this Website;
- d) Other use by Us to which You agree when asked on this Website.
When You register on this Website You are given the option to receive news and updates from Us by email and post which We feel may be of interest to You.
If You indicate your agreement to being contacted by Us by these means You may subsequently unsubscribe from our contact list at any time by contacting Us or following the “unsubscribe” directions given in any email received. You can also amend your account profile at any time by signing-in and going to “your account”.
Your Personal Information may be disclosed to other businesses within the group of which We are a part and to reputable third party contractors engaged by Kate's Clothing to perform a variety of functions such as processing your Orders, assisting with promotions or providing technical services for our Websites. We require all such third parties to treat your Personal Information as fully confidential and to fully comply with all applicable UK Data Protection and consumer legislation.
You should be aware that if We are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and/or User Information We are entitled to do so.
We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.
You can choose to have your computer or mobile devices warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Netscape Navigator or Internet Explorer) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won't have access to many features that make your site experience more efficient and some of our services will not function properly. However, you can still place orders over the telephone by contacting customer service on (0)121 6631944
Types of cookies Kate's Clothing Ltd are using:
- ‘Necessary' cookies: These cookies are essential in helping you to move around Kate's Clothing and use it's features, such as accessing secure areas of the website. Without these cookies, services you have asked for, such as setting up PASSWORD protection on Kate's Clothing, cannot be provided. These cookies do not gather information about you that could be used for marketing or remembering where you've been on the internet.
-Functional cookies: These cookies allow websites to remember choices you make (such as your user name, language or the region you are in) and provide enhanced and more personal features on the website. The information these cookies collect is usually anonymous which means we can't identify you personally. They do not gather any information about you that could be used for selling advertising or remembering where you've been on the internet.
-Analytics cookie:In order to keep Kate's Clothing services relevant, easy to use and up-to-date, we use web analytics services to help us understand how our customers use them. For example: we can see which parts of services are most popular, identify when errors occur, and test different versions and features of the website to see which one works best.
These web analytics services may be operated by other companies on our behalf. They do this using small invisible images known as "web beacons" or "tracking pixels" that may be included in our services. These are used to count the number of times something has been seen. These web beacons are anonymous and do not contain or collect any information that identifies you.
Cookies allow web analytics services to recognise your browser or device and, for example, identify whether you have visited our website, what you have previously viewed or clicked on, and how you found us. The information is anonymous and only used for statistical purposes. It allows us to track information, such as how many individual users we have and how often they visit our websites. It also helps us to analyse patterns of user activity and to develop a better user experience. For example, we might see that many people who viewed product 1 also viewed product 2 and we can then recommend product 2 to everyone else who viewed product 1.
-Other third parties cookies: Please note that on some pages of our website you may notice that cookies have been set that are not related to Kate's Clothing or our authorised service providers. When you visit a page with content remembered from (for example YouTube, Facebook, Google+, Twitter, Pinterest ) these service providers may set their own cookies on your web browser. These anonymous cookies may be set by that third party to track the success of their application or to customise their application to you. Kate's Clothing does not control the use of these cookies and cannot access them due to the way that cookies work, as cookies can only be accessed by the party who originally set them. You should check the third party websites for more information about these cookies.
How to control your cookies:
Please note that unless you disable cookies as described above, you are deemed to have given your consent for their use. Please contact customer services if you have any queries or need help changing your browser settings in order to opt out. Please remember that any settings you change will not just affect Kate's Clothing cookies. These changes will apply to all websites that you visit (unless you choose to block cookies from particular sites)
Links to other Sites
We may offer links to sites that are not operated by Us. If You visit one of these linked sites You should review its privacy and other policies. We are not responsible for the policies and practices of other companies.
Questions and concerns regarding this policy and your Personal Information should be directed to the following address:
Kate's Clothing Ltd, Unit M26 Hastingwood Ind Park, Wood Lane, Erdington, Birmingham, B24 9QR, United Kingdom.
It is important to Us that You are delighted with all our Products. If there is any reason why You are not completely satisfied with any Product You order from Us, You can simply return it to Us within 30 days from receipt and you can supply the despatch note as your proof of purchase. If after purchase, any Product fails to give reasonable wear - due to either defective workmanship or materials We will credit the purchase price to your account This guarantee is in addition to and does not affect your statutory rights.
DISPATCH AND DELIVERY
Any order placed by credit or debit card or paypal instant payment before 11 am Monday to Friday will usually be dispatched on the same day, after 11 am and weekends we will dispatch next working day. If you choose one of the other payment methods your order will be usually be sent the day after payment clears.
Please note that we do not accept personal cheques. Orders paid for by postal order will considered as paid once or postal order arrives at our premises.
We try very hard to make sure that we're not listing anything that we don't actually have in stock, so in almost all cases everything you can see is in stock.
If for any reason we've made a mistake and we don't have something you've ordered we will let you know as soon as possible by email.
orders are processed here within the office hours of 9am - 5pm Monday to Friday, so if you place an order over the weekend if will not be processed or dispatched till Monday. This means that the earliest available delivery for a order placed over a weekend is Tuesday and that is if you order with one of our next day delivery services.
Our carriers are unable to deliver to the following locations: Airports, Hospitals and Prisons. We will also at our discretion exclude delivery to any addresses which are considered to be insecure. We do not ship to PO boxes (except for armed forces BFPO or international equivalent numbers). Also your shipping address must be either where your credit card is registered or a verifiable work address.
Kate's Clothing cannot be held liable for any parcels that are lost or stolen as a result of any specific delivery instructions left for the carrier.
We can deliver to British Forces Post Office (BFPO) addresses.
UK DeliveryIn the vast majority of cases orders sent within the UK mainland by Royal Mail Tracked 1st post arrive on the first working day after they are dispatched, however Royal Mail cannot guarantee this. Royal Mail tracked 2nd should take 2 to 3 days but isn't guaranteed either.
If you want to be more certain about receiving your order in time for a special event you should choose the Special Delivery or Courier options as these should arrive before 1pm and 6pm respectively Monday to Friday (However please bear in mind that during busy periods such as Christmas delays are not uncommon). In most cases Special Delivery packages sent on a Friday do arrive on a Saturday but again this is not guaranteed.
If you are unsure about which option to choose please contact us at [email protected]
Overseas DeliveryOverseas orders are dispatched just as quickly as UK orders but delivery times vary between countries, please allow at least 2 weeks for your order to arrive. Please also bear in mind that you may have to pay import taxes if you are outside of the European Union, check with your local authorities if you are unsure. Any customs or import duties are charged once the goods reach the destination country and these charges are Your responsibility and must be paid by the recipient. Unfortunately we have no control over these charges and cannot tell You what the cost would be as customs policies and import duties vary from country to country.
In addition some countries have import restrictions on certain products or materials. You are responsible for determining whether there are any restrictions on delivery of our products to your selected destination. You can contact your local customs office for assistance regarding these matters.
Delivery may be delayed by local customs because of this but unfortunately this is out of our control.
To see a list of countries that we deliver to and the service(s) we provide please check our International Delivery Countries List.
We will begin Our missing parcels procedure if your Order fails to arrive within 10 days (UK only) and 21 days (International) of despatch and You notify Us in writing. We will investigate your claim and if We are satisfied that the non arrival of the Product(s) was attributable to Us then a replacement will be sent if available. If not, a refund will be credited to the credit/debit card which was used to place the Order. Please note that we may refuse to make future deliveries to addresses that are considered to be insecure. In this event you will be contacted by our service team and asked to provide an alternative delivery location for future orders.
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content appearing on this Website shall remain at all times vested in Us or our licensors.
All notices given by You to Us shall be to Our address set out in these Conditions. We may give notice to You at either the email or postal address You provided to Us when placing the Order. Notice will be deemed received and properly served immediately when posted on the Website, 24 (twenty-four) hours after an email is sent, or 3 (three) days after the date of posting any letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under this Contract that is caused by events outside Our reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Our reasonable control and includes, in particular (without limitation) the following:-
- a) strikes, lock-outs or other industrial action;
- b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- e) Impossibility of the use of public or private telecommunications networks;
- f) The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under the Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance during that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which Our obligations under the Contract may be performed despite the Force Majeure Event.
If you are not satisfied with an item once you've received it please contact us within 30 days of the date you received it, to request an exchange or a refund. You have the right to cancel your order for any reason within 14 working days commencing from the day after receipt or 30 days if the item arrives damaged or faulty but we allow extra time provided the item is returned in a saleable condition. The item(s) must be then returned within 14 days from the date you contact us to cancel and request the refund or exchange. Special dispensation can be made for gifts, please contact us at [email protected] first to request this. Returns may be subject to a re-stocking fee if not returned within 45 days of receipt.Non Returnable Items
Certain items cannot be returned due to hygiene reasons unless in the event of a manufacturing fault. These include tights, swimming costumes, underwear and earrings. If you are not sure, please check the item description on our website.Free Gift Items
If you received a free gift item with your order and are returning products of a value to cause your original order to fall below the threshold to be eligible for the item, this item must also be returned. Failure to do so may result in your refund being reduced by the normal sale price of the item.
How to Return/Exchange Items
UK: We can provide you with a printable label which allows you to return your items for FREE (UK only). You can then post the package back using any Royal Mail post box, however we do recommend you use a post office so that you can obtain proof of postage to use to make a claim against the Royal Mail in the event the package goes missing. If you want an exchange we will also not charge you extra postage.
OUTSIDE THE UK: Please note the free returns is only available to customers inside the UK. Please use a recorded service as we can not be held liable if your package is lost by the delivery company. If you want an exchange, we will not charge you any extra postage but you will need to pay for the return postage. Please ensure you properly mark your item as a return and complete any paperwork recommended by your delivery company or courier. Failure to clear mark the item as a return could result in non-delivery and the package being rejected or destroyed.
Conditions of Return
ANY ITEMS RETURNED MUST BE IN THEIR ORIGINAL CONDITION! We will not accept returns if they are dirty or damaged! If we receive a returned item from you that has obviously been worn, soiled, smoked in or covered in deodorant, pet hair or makeup it will be sent straight back to you and you will be billed for the shipping. In short, you must return the item exactly as it was when you received it.
Original Order DiscountsPlease note any discounts on your original order will be taken into account when calculating your refund along with the conditions required to be eligible for the discount.
If you have any questions at all about our returns policy please contact us at [email protected]
Here at Kate's Clothing we offer a full telephone service:
You can pay for your order
You can place an order
You can quote your order status
Get information on sizing and garment availability
Get a quote on delivery times and delivery options
Or just say how satisfied/ not satisfied you are with our service
Just dial +44(0)121 6631944 and one of our members of staff will gladly help you out. Telephone calls are taken from Monday to Friday (except Bank holidays) and from 9.00 AM till 5.00 PM, if You want to make a call outside that period just leave a message on our answering machine and we will receive it as soon as we will get back to the office.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United Kingdom, United States and other copyright laws, and is the property of Kate's Clothing Ltd . The collective work includes works that are licensed to Kate's Clothing Ltd . Copyright 2003, Kate's Clothing Ltd ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Kate's Clothing Ltd or purchasing Kate's Clothing Ltd products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Kate's Clothing Ltd or to purchase Kate's Clothing Ltd products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorised by Kate's Clothing Ltd . You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Kate's Clothing Ltd used in the site are trademarks or registered trademarks of Kate's Clothing Ltd . All other trademarks, service marks and trade names remain the property of their respective owners.
In the event that a Kate's Clothing Ltd product is mistakenly listed at an incorrect price, Kate's Clothing Ltd reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Kate's Clothing Ltd reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Kate's Clothing Ltd shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Kate's Clothing Ltd without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Kate's Clothing Ltd may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Kate's Clothing Ltd.
Your use of this site shall be governed in all respects by the laws of the United Kingdom. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Kate's Clothing Ltd products) shall be in the United Kingdom. Any course of action or claim you may have with respect to the site (including but not limited to the purchase of Kate's Clothing Ltd products) must be commenced within one (1) year after the claim or cause of action arises. Kate's Clothing Ltd's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Kate's Clothing Ltd may assign its rights and duties under this Agreement to any party at any time without notice to you.
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Kate's Clothing Ltd or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offence, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organisation.
Kate's Clothing Ltd does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Kate's Clothing Ltd is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Kate's Clothing Ltd reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Kate's Clothing Ltd in its sole discretion.
Third Party Links
In an attempt to provide increased value to our visitors, Kate's Clothing Ltd may link to sites operated by third parties. However, even if the third party is affiliated with Kate's Clothing Ltd , Kate's Clothing Ltd has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Kate's Clothing Ltd . These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Kate's Clothing Ltd seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).