THE
BASICS
These terms and conditions apply to any transactions between Beaujais Limited (ìBeaujaisî) and you the customer and to the use of this site. If you place an order with us you are agreeing to be bound by these terms and conditions.
If you do not agree these terms and conditions then you should not use this website nor, more especially, should you seek to order any goods from Beaujais through it.
These terms and conditions may change from time to time and any order or transaction you enter into with Beaujais is governed by the terms and conditions then published on this web site at that time. It is up to you to check for any changes in these terms and conditions when placing orders or entering into any other transaction with Beaujais.
These terms and conditions do not affect your statutory rights.
ORDERING
- 1. Beaujais accepts orders subject to availability.
- 2. Beaujais has the right in its absolute discretion and without being obliged to give any reason to reject orders received.
- 3. Beaujais's prices as published are correct when published on this web site but Beaujais reserves the right to change its prices at any time and if there is a delay in publishing any changes in prices the changed price rather than the earlier published price will prevail.
- 4. Prices are subject to any vat or sales taxes applicable from time to time.
- 5. When ordering you are warranting that all the information you provide is true and accurate.
DELIVERY
- 6. Any delivery period provided to you by Beaujais is approximate and subject to delivery by the Post Office and other third party carriers and you agree that Beaujais is not responsible for any delay or default by such third party carriers (including for any loss or damage to the items you have ordered and their packaging).
- 7. If one or more items are out of stock when your order is received you may be sent them in instalments or they may be sent together when all are in stock (and subject to any delay that may cause).
- 8. Delivery charges appearing on this site are (save where otherwise appears) for delivery in the UK including the Channel Islands and Northern Ireland. If delivery is to be made outside these areas then you are responsible for both any additional delivery charges and for any import duties and taxes that may be levied by the country to which delivery is to be made.
PAYMENT
- 9. You are responsible for payments due to Beaujais and if your credit or debit card provider refuses to authorise payment then Beaujais will not be liable for any delay or non-delivery and, of course, will not supply items for which payment is not being made.
CANCELLATIONS
- 10. If you have placed an order but then wish to change or cancel it, please contact us as soon as you can. We will try our best to make any changes but we cannot guarantee that we will be able to do so as the order may already have been processed. In such cases, you may have to wait until you receive the order and then follow the normal Returns procedures.
EXCHANGES
- 11. Please note that we only offer size exchanges. Where available, replacement items will be dispatched within seven working days. If your chosen substitute size is not in stock, we will contact you to confirm a refund. For alternative items, please place a new order on our website. For more information please see our Web Returns Policy.
RETURNS
- 12. We hope you love your Beaujais items but if for any reason you are not happy with your order Beaujais will offer an exchange or refund, within 14 days or receipt of purchase (20 days outside of the UK), provided the items are unworn and in perfect condition. For more information please see our Web Returns Policy.
LIABILITY
- 13. Beaujais has no liability for errors or omissions on this web site and it reserves the right to change information on it (including prices and descriptions) at any time without prior notice.
- 14. Should any items you receive be found to be damaged or defective (excluding packaging) Beaujais will refund your payment or replace the item or items concerned (at its option and in its sole discretion) provided you notify Beaujais in writing (including email) within 7 working days of delivery to you. You must also return the items to Beaujais if it requests that you do so before the refund or replacement is provided and Beaujais will in any event refund your reasonable postage/carriage costs. You are also reminded of your statutory rights, which are unaffected.
- 15. Clause 14 above does not apply to items that have been used or where the suggested damage or defect to any item is negligible (and the decision on whether it is or is not negligible shall be in the absolute discretion of Beaujais). It also does not apply to packaging where if there is any defect or damage Beaujais shall be entitled at its sole discretion to send replacement packing or refund a sum by way of compensation, which shall not exceed £5 (and Beaujais shall not be liable for minor damage to packaging due to damage in transit).
- 16. You agree to provide to Beaujais such evidence as it reasonably requires of any defect or damage including photographs (and the return of items for inspection).
- 17. Beaujais is not responsible for differences in colour as they may appear on screen or when printed from its website to items as delivered when such differences are or may be the result of the operation of internet browsers, monitor colour settings and so on.
- 18. All items sold to you by Beaujais are for private use and not for resale.
- 19. Beaujais shall not be liable whether in contract or tort (including negligence) for any indirect losses suffered or incurred by you including without limitation loss of profit, goodwill, reputation or damage to property of any nature nor for claims by third parties accessing Beaujais’s website or owning or using its products. In any event Beaujais shall not be liable in a sum greater than the sale price of the items of its products supplied to which any claim relates.
- 20. Beaujais shall not be liable to you if as a result of any breach of its security any of your personal data held by Beaujais is obtained and/or abused by any third part. Nor is Beaujais liable to you should any material you upload from its website cause damage to your computer system or data stored thereon (or to any third parties through your system) and it is likewise free of liability for damage caused through during or as a result of any electronic communications with you.
- 21. Beaujais shall not be liable to you for any delay in delivery to you of any one or more items howsoever that delay is caused.
- 12. Risk in any items being sold to you passes at the moment that Beaujais puts the same into the custody of the Post Office or other consignor.
COPYRIGHT
All rights whether of design, layout, copyright and suchlike in items produced and sold by Beaujais and in the content of its website vest solely in Beaujais. You may view information on the Beaujais website for your own non-commercial use only. You are not permitted to broadcast, transmit, copy, store, change or transmit to the public in any manner whatsoever the designs, layout or copyrighted items produced and sold by Beaujais or the content of its website in any manner whatsoever without the prior written consent of Beaujais.
COMMUNICATION
- 23. You agree to communication with Beaujais, which shall include by electronic mail.
- 24. If you register a username and password with Beaujais you are responsible for all communications and purchases made using that combination of username and password. You are not entitled to transfer that username and password to any third party or (including selling or leasing it) or to let any third party use it. It is your sole responsibility to keep that username and password safe and secure and not to prejudice its safety or security in any way whatsoever.
- 25. You are not entitled to communicate with or order items from Beaujais unless you are over 18 or, if under 18, are doing so with the agreement of an adult and under the supervision of that adult.
TERMINATION &
RESPONSIBILITY
- 26. Beaujais are entitled without prior notice or warning to you and in its absolute discretion to terminate any contract with you and/or your access to its website and more especially should you breach these terms and conditions, you fail to provide information requested, you are suspected of engaging in any fraudulent, immoral or improper activity or fail to pay for items.
- 27. You agree that if you breach these terms and conditions that you are liable to indemnify Beaujais for all costs expenses damages and demands it or its officers servants or agents may incur as a direct or indirect consequence of the same. This liability extends to anyone else who uses your username and password combination to communicate with and/or order items from Beaujais save where you can affirmatively prove that this was as a result of a fraud not caused by you or caused by a want of due care by you or those acting on your behalf.
PRIVACY
- 28. Beaujais will not pass you personal, credit or debit card details to any third party.
- 29. Beaujais does not ask for the communication of personal details by email. If you receive any such request do not respond to it and notify Beaujais forthwith of the request.
WAIVER, ENTIRE AGREEMENT
& PROPER LAW
- 30. If and insofar as Beaujais shall waive and one or more of these terms and conditions that waiver shall not amount to a waiver either for the future or the past as regards the breach of any other of these terms and conditions.
- 31. These terms and conditions govern the relationship between Beaujais and you and no changes shall apply unless set down in writing and signed for or on behalf of both Beaujais and you. You further agree that in agreeing to be bound by these terms and conditions you have not relied on any representations save those that are now recorded within these terms and conditions expressly. These terms and conditions record the entire agreement between Beaujais and you.
- 32. ny contract between Beaujais and you shall be governed by the law of England and in the exclusive jurisdiction of the Courts of England and Wales and any other rights or disputes between Beaujais and you (including the interpretation and construction of these terms and conditions) shall be governed by the same law and adjudicated upon solely by the said Courts.