Our Terms and Conditions of Business
These Terms and Conditions apply to any order for goods placed by any person, firm or company (hereinafter called "the Buyer") from Libidex Ltd of 3 St Alban's Place, Islington, London N1 0NX, a company registered in England, No. 3631838 (hereinafter called "the Company").
1. Inclusion of Terms
1.1 The following conditions and stipulations shall govern the acceptance for the order of the goods comprised in the contract, and shall be deemed to form part of such contract.
1.2 These conditions shall be incorporated into the contract, with the exclusion of any terms or conditions stipulated or referred to by the Buyer, unless otherwise agreed in writing by the Company.
1.3 The term 'goods' means any goods forming the subject of this contract, and includes a reference to any of them.
2. Acceptance of Orders and Payment
2.1 For retail orders, all invoices are payable in Pounds Sterling on placing order. Work on orders will not commence before payment is received. New wholesale customers will be required to give a deposit of 50% when placing an order of the first time, and full payment will be required before dispatch of order. Payment may be made by credit card, cheque, bank transfer or cash.
2.2 The wholesale price of the goods is quoted exclusive of UK VAT at the prevailing rate and other taxes or duties. Retail prices are quoted inclusive of UK VAT at the prevailing rate.
2.3 Orders will be produced exactly in accordance with the specification made by the Buyer. If the Buyer wishes to make changes to the order after it has been accepted by the Company, such changes must be notified to the Company in writing no less than seven days after the placing of the original order. The Company will not accept alterations to the order after this period.
2.4 The Company reserves the right to make a reasonable charge for delivery of the goods to the address requested by the customer.
2.5 If the Buyer is purchasing the goods with a view to resale via the internet or through any other retail outlet, then the goods, or any item comprising the goods, shall only be sold by the Buyer at a price (net of VAT) no less than the retail price of the goods advertised on the Libidex website www.libidex.com, except for limited promotional offers, or with the written agreement of the Company.
2.6 We include UK VAT at the prevailing rate on goods sold to customers within the European Union
3. Delivery and Risk
3.1 The goods are delivered to the Buyer when the Company makes them available to the Buyer, or any agent of the Buyer, or any carrier who shall be the Buyer's agent, or whoever pays its charges (at the Company's delivery point agreed by the Company).
3.2 The risk in the goods passes when they are delivered to the Buyer.
3.3 The Company may at its discretion deliver the goods by instalments in any sequence.
3.4 Where the goods are delivered by instalments, no default or failure by the Company in respect of one or more instalments shall obviate the contract in respect of the goods previously delivered or undelivered, or undelivered goods. Any dates quoted by the Company for the delivery of the goods are approximate only and shall not form part of the contract. The buyer acknowledges that in the performance expected of the Company, no regard has been paid to any quoted delivery date.
3.5 The Company shall not be liable for any penalty, loss, injury, damage or expense arising from any delay or failure in delivery or performance from any cause at all; nor shall any such delay or failure entitle the Buyer to refuse to accept any delivery, to repudiate the contract, or claim any refund of monies paid in respect of the contract.
4.1 Ownership of the goods shall not pass to the Buyer until the amount due under the invoice for them (including any interest and costs) has been paid in full.
4.2 If the Buyer fails to pay the monies due under the invoice for an order by the due date, the Company may at its discretion sell or otherwise dispose of the order without further notification to the Buyer.
4.3 The Company may maintain an action for the price of any goods notwithstanding that title in them has not passed to the Buyer.
4.4 If the Buyer cancels any payment by credit card, cheque or other financial instrument after the goods have been dispatched, then the Company reserves the right to take legal action for the recovery of the goods.
5. Claims Notification / Refunds / Cancellation
5.1 Any claim for non-delivery of any of the goods shall be notified in writing by the Buyer to the Company within 10 days of the expected delivery date.
5.2 Any claim that any goods that have been delivered are damaged or are not of the correct quantity, are of faulty manufacture or do not comply with their description, is to be notified by the Buyer to the Company as soon as reasonably practicable and in any event in writing within seven days of their delivery.
5.3 In the case of goods that are made to order, or sold through one of the Company's shops, the Company shall only consider refunding the Buyer with the full cost of the goods in the event that they are of faulty manufacture or do not comply with their description, but in no other circumstances. The Company may also offer to replace goods free of charge or at cost price, or to offer a credit note. The Company will replace garments that are of the wrong size with a garment of the correct size free of charge. This does not apply to garments that are made to measure.
5.4 Goods that are sold off-the-peg via the Internet, which are not made to order or customised or altered in any way, may be returned to the Company for any reason for an exchange or a refund within seven days of the order being received by the Buyer. The Buyer must contact the Company within seven days of receipt of the goods to notify the Company of the Buyers intention to return the goods.
5.5 Unless goods are being returned because they are faulty or not what was ordered, the Company cannot accept items that have been damaged through improper handling or use or items that have been worn, other than tried on. Refunds will only be given on such items provided they are unworn (apart from having been tried on) in their original condition. The Company will not give refunds on, or exchange, items that have been altered, chlorinated or treated in any way.
5.6 Any claim under these conditions must be in writing and must contain full details of the claim.
5.7 The Company shall be afforded a reasonable opportunity to investigate any claims made under these conditions and the Buyer shall, if so requested by the Company, promptly return any goods which are the subject of any claim, and any packing materials, securely packed.
5.8 The Buyer shall be responsible for the costs of returning such items to the Company, unless they are being returned because they are faulty or not what was ordered.
5.9 The Company shall have no liability with regard to any claim in respect of which the Buyer has not complied with the procedures laid down in these Conditions.
5.10 If the Buyer wishes to cancel an order, the Company must be notified of cancellation within seven days of the order being placed. The Company reserves the right to charge the Buyer 20% of the cost of the goods to defray administrative costs.
6. Scope of the Contract
6.1 Under no circumstances shall the Company have any liability of whatever nature for:
a) any defect arising from wear, tear accident or improper use by the Buyer
b) any goods which have been adjusted, modified, or repaired, except by the Company;
c) the suitability of any of the goods for any particular purpose for use under specific conditions, whether or not the purpose or conditions were known or communicated to the Company.
d) any descriptions, specifications, illustrations or drawings submitted by the Company or contained in the Company's catalogue, price lists or elsewhere, since they are merely intended to give an indication of the nature of the garment and may not be regarded as definitive;
e) any variations in the quantities or dimensions of any goods or changes in their specifications or substitution of any materials or components, if the variation or substitution does not materially effect the characteristics of the goods, and the substituted materials or components are of a quality equal or superior to those originally specified.
7. Extent of Liability
7.1 The Company shall have no liability to the Buyer for any loss or damage of any nature arising from any breach of any express or implied warranty or condition of this contract; or any negligence, breach of statutory or other duty on the part of the Company; or in any way out of or in connection with the performance or the purported performance or failure to perform the contract, except for death or personal injury arising from the Company's negligence or as expressly stated in these Conditions.
7.2 Where the Company is liable, in accordance with this condition in respect of only some or part of the goods, the contract shall remain in full force and effect in respect of the other goods and no set-off or other claim shall be made by the Buyer against or in respect of such other goods.
7.3 The Company shall not be liable for goods lost or damaged in transit which are sent via the Buyer's choice of carrier, and all the claims by the Buyer shall be made against the carrier.
7.4 The Company will not undertake to arrange carriage of goods using the Buyers own choice of carrier, or the Buyers account with a carrier, on the Buyers behalf or make any payments on behalf of the Buyer to the Buyers chosen carrier. The Buyer must deal directly with the carrier in these circumstances.
7.5 All goods sent via the Company's chosen carrier shall be insured for the full amount of their value, and the insurance premium shall be paid by the Buyer.
7.6 In no circumstances shall the liability of the Company to the Buyer under this condition or under the contract exceed the invoice value of the goods.
7.7 The Company will not be held responsible for any accident, injury to the Buyer or death resulting from misuse of the Company's products, or for any allergenic reactions caused by the Buyer or the Buyers agents coming into contact with the Company's products.
8. Copyright and Design Right
8.1 All the copyright, design right or any other intellectual property right in the goods shall remain the property of the Company.
8.2 If reselling the goods, the Buyer will sell the goods in the same condition as they are received, and shall not deface or alter the goods or their packaging, remove or modify any label or identity insignia applied to or furnished in connection with the goods.
8.3 The Buyer shall not sell the goods under any trademark or name except as specified by the Company, except with the express permission of the Company.
8.4 The Buyer shall not, except with the written consent of the Company, use the goods or the design of the goods in any advertising material, nor shall the Buyer sell, advertise for sale or promote the sale of the goods by mail order or on the Internet.
8.5 All images, text, data or other material used for publicity or any other purpose on the Company's websites, exhibition displays, printed matter or in any other media are, unless otherwise stated, the copyright of Libidex Ltd. This material may not be copied or otherwise reproduced or adapted on any way without the written permission of the Company.
8.6 Libidex ltd, the Libidex symbol (shown right) and any variations of it, and all designs and patterns produced by Libidex Ltd are registered with the appropriate trade mark bodies and patent offices internationally. Any attempt to copy or pass off the Libidex names, symbol, designs or patterns will be deemed an infringement of copyright.
9. Measurements and Fitting
9.1 While the Company will make every reasonable effort to ensure correct fitting of garments, it cannot guarantee a perfect fit in cases where measurements are supplied by the customer or the Buyer on the customer's behalf.
9.2 In the event that a garment does not fit properly, the Company may, at its option, offer to re-make the garment at a cost to be agreed between the Company and the Buyer, but which will not generally exceed 60% of the original price.
9.3 The above conditions do not apply in the case of custom-made designs, in which case, any re-makes, adjustments or other alterations shall be charged at a price to be agreed between the Company and the Buyer.
9.4 In the case of Made-to-Measure and Made-to-Fit services, while the Company will make every effort to achieve as good a fit as possible, a perfect fit cannot be absolutely guaranteed in all cases.
9.5 If the measurements for Made-to-Measure and Made-to-Fit services are provided by the customer, the Company cannot take responsibility for any errors made by the customer in taking such measurements; and any adjustments to the garment made to correct such errors will be at the customer's expense.
9.6 The measurements for Made-to-Measure garments are adjusted according to a standard formula used by the Company, which in most cases will achieve a very good fit. In cases where a good fit cannot be achieved, the customer may opt, at an additional charge, to upgrade to the Made-to-Fit service, whereby the Company will provide a toile for the customer to try on, and from which the finished garment will be made. The Company will retain the toile.
10.1 This contract is personal to the Buyer and may not, without the Company's prior consent, assign or dispose of it or part with any interest in it or grant any license or delegate any of the rights conferred by it.
10.2 The Company shall not be liable for any failure in the performance of any of its obligations under the contract caused by factors outside its control.
10.3 This contract shall be governed by English law, and the Buyer consents to exclusive jurisdiction of the English courts on all matters regarding it, except the extent that the Company invoked the jurisdiction of the courts of any other country.
11. Gift Vouchers and Promotional Vouchers
11.1 Gift Vouchers may be purchased by customers up to any value from the Libidex sites, or from the Libidex retail shop Liberation
11.2 Gift Vouchers will be valid for one year from the date of issue
11.3 Gift Vouchers may be used to purchase any items advertised on the Libidex websites or from the Libidex retail shop Liberation; and may be redeemed against Liberation Club membership.
11.4 Gift Vouchers are not exchangeable for cash and no change will be given for unused portions of Gift Vouchers.
11.5 The company may from time to time offer Promotional Vouchers as part of sales promotion schemes and special offers.
11.6 Promotional Vouchers may offer cash discounts or a percentage discount on Libidex items.
11.7 Promotional Vouchers may only be used in conjunction with certain other promotions or discount offers designated by the Company.
11.8 The validity period of Promotional Vouchers will be decided by the Company and may vary depending on the particular promotional scheme.
11.9 Neither Gift Vouchers or Promotional Vouchers are valid for Agency or Wholesale purchases