Information about the Website and the Goods
Welcome to the Damsel in a Dress website terms and conditions of use. These terms and conditions apply to the use of this website regardless of how you access the website, including via any technologies or devices by which Damsel in a Dress makes the website available to you at home, on the move or in store and by accessing this website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you should not use or access this website. Please be aware that purchasing items from the internet provides a different shopping experience than from purchasing in-store.
You should be aware that:
- We have made every effort to display as accurately as possible the colours of our products but the definition will depend on a number of factors including but not limited to your computer display settings.
- All sizes and measurements are approximate.
- All products are subject to availability. We will inform you as soon as reasonably possible if any products you have ordered are not available.
- All prices are inclusive of VAT (or similar sales taxes) where applicable at the prevailing rate for which we are responsible as the seller (but do not include delivery charges). Prices are correct at the time of order only and relate to orders placed via the website in accordance with the terms and conditions relating to the sale of goods.
- The goods and promotions that are offered on our site may not be available in stores or concessions and vice versa.
Before you place an order if you have any questions relating to these terms and conditions please contact us on 0208 877 4004. Please note that all calls to our web query line will be charged at the local or national rate depending on where you are calling from. The advertising of Damsel in a Dress products on this website is an ‘Invitation to Treat’ and a contract between us and you will only be created in accordance with the terms and conditions set out below.
Buying Goods and Contract Formation
You place an order with us by completing the following process:
- Add product to your shopping basket.
- Enter your login details.
- Enter your address details.
- Enter your card details.
- Submitting your order.
To place an order on the site you must meet the following requirements:
- Legally capable of entering into binding contracts; and
- At least 18 years old, unless a parent or guardian is supervising you placing your order.
On receipt of your order, we will send you an order confirmation email to the email address which you have provided to us. This email will contain your order number and details of the goods ordered. Payment shall be taken on the day your order is placed with us and this will be confirmed to you by e-mail when we e-mail you to confirm your order. An order dispatch email will be sent when the goods are being prepared for dispatch.
The contract between us (the “Contract”) will only be formed when we take payment from you.
We may decline to accept an order in circumstances including, but not limited to:
- your payment not being authorised;
- if you do not satisfy the requirements to place an order, as set out above;
- product(s) ordered not being available from stock and/or suppliers; or
- where a pricing or product description error has occurred.
We reserve the right to cancel orders without prior notice. If we cancel any order, it will be without charge to you and any payment taken for such order will be refunded to you in accordance with our Refund Policy set out below.
Cancellation of a Contract
If you would like to cancel a Contract, you may do so within 14 calendar days of receipt of your order. This is in accordance with your rights as a consumer under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
A link to the details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation email and the Dispatch Note enclosed with your ordered Products. This provision does not affect your statutory rights.
If you would like to cancel your order before we have dispatched it from our distribution centre then please email us on firstname.lastname@example.org.
If your order has already left our distribution centre then unfortunately it is not possible to cancel it at this stage. Instead once your order has arrived simply follow the returns instructions enclosed and when we have received your goods you will be issued with a refund.
You can return full price items within 28 days of receipt and sale items within 14 days of receipt. Please note that Damsel in a Dress online purchases can either be returned to one of our stand-alone stores or returned by post using the returns label provided. Items should be returned together with your dispatch note and must be unused, in perfect condition and with their original tags and packaging.
Important terms, conditions and exceptions apply – please click here to read our full Refund Policy.
UK STANDARD delivery is charged at £2.95 and takes 3-5 days. UK EXPRESS delivery is charged at £5.95 and takes 1-2 days. Orders placed Monday to Friday before 12pm will be delivered the next day including Saturday. Any orders placed after 12pm will be delivered within 2 working days. Orders placed on a UK public holiday are not available for next day delivery.
Important terms, conditions and exceptions apply – please click here for our full Delivery Policy.
We accept payment from the following: Visa Credit; Visa Debit; MasterCard and Maestro. Your card must be registered to a UK, Republic Of Ireland or mainland European billing address to pass our security checks.
Payment shall be taken on the day your order is placed with us and this will be confirmed to you by e-mail when we e-mail you to confirm your order.
We use Sage Pay, a payment service provider, to process any credit/debit transactions you may make on our behalf. When you place an order, you will receive an e-mail confirming your payment transaction details. You are responsible for ensuring the e-mail address and other contact details you provide to us are correct.
We will not be responsible if you do not receive the Dispatch Note, email or other confirmation from us because the details you have supplied are incorrect or in the event of communication failure beyond our control.
General Notices and Disclaimers
We will not be responsible for the performance of any obligations under these terms and conditions as a result of an event beyond our reasonable control (force majeure), including (but not limited to) snow, strikes, lockouts, failures of third party systems or networks, acts of god, fire, earthquake, storm, flood or other natural disaster, civil unrest, acts of terrorism, hacking, deliberate sabotage of or malicious damage to equipment or data or for damage to or destruction of premises or equipment. All notices which we need to give to you under these terms and conditions will be sent by us to your registered e-mail address.
These terms and conditions set out the entire agreement between you and us in respect of the sale, purchase and use of the goods. They supersede any previous agreement or understanding in relation to the subject matter hereof. No variation of these terms shall be binding on us unless agreed by us in writing.
If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions (and the remainder of the provision in question) shall be unaffected. Save to the extent that you exercise your right as a consumer to bring an action in or rely on the laws of your country of domicile, the interpretation, construction, effect and enforceability of these terms and conditions shall be governed by English Law, and you and we agree to submit to the non-exclusive jurisdiction of English courts for the determination of any disputes.
Damsel in a Dress takes your privacy very seriously. We do not use the information you provide to us to learn any more about you other than what is required to meet your orders, to provide you with a better shopping experience, or as otherwise detailed in this condition. Any contact details gathered through press or customer enquiries will not be used for marketing purposes unless otherwise requested by you. For the purpose of the Data Protection Act 1998, the data controller is Phase Eight (Fashion & Designs) Limited.
Information we may collect from you
We may collect and process the following data about you:
- Data which you provide when you create an online account in order to purchase products;
- Data which you provide when requesting any marketing information or when you enter promotions;
- Details of transactions you carry out through our website and of the fulfilment of your orders;
- Details of your visits to our site and the resources that you access.
How we store your data:
- We will keep the data which we collect from you on a secure server and we will fully comply with all applicable UK data protection legislation.
How we use our data:
- We may also use your data to provide you with information about goods and services which may be of interest to you, if you are an existing customer we will only contact you by email with information about goods and services similar to those which were the subject of a previous sale to you.
- If you are a new customer we will contact you by email only if you have consented to this.
- If you do not want us to use your data in this way, please tick the relevant box situated on the form on which we collect your data or on the form used to create your online account.
Password / Account Security
You are responsible for maintaining the confidentiality of your password and account and Damsel in a Dress shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. It is your responsibility to ensure that you have the right equipment (including antivirus software) to use the website safely and to screen out anything that may damage or harm your computer or other device.
By participating in any competition as an entrant you agree to be bound by the Competition Rules (and any other rules which apply to each competition) and by our decisions, which are final in all matters relating to the competition.
No purchase is necessary to enter a competition. All prizes are non-transferable. Only one entry is allowed per person. Arrangements for the fulfilment of prizes will be made by us. We reserve the right in our sole discretion to substitute any and all prizes with prizes of comparable value.
In the event that you win a competition, in order to be eligible for prizes, you (and guest if applicable) must (1) sign an affidavit of eligibility if requested; (2) release us from any and all liability, claims, demands, and causes of action for personal injury and/or damage, theft, or loss suffered in connection with the competition or the use or acceptance of the prize or any portion thereof save where due to our negligence; and (3) sign a promotional release granting the right to use your name and likeness for advertising and publicity purposes without additional compensation.
If you are a winner, you (and guest if applicable) must confirm your acceptance of the prize and complete all legal documents and return them to us within seven (7) working days of receipt from us. Non-compliance or notification returned as undeliverable as addressed will result in your disqualification as a winner and an alternative winner will be selected.
The receipt, by you if you are a winner, of any of the prize components of a competition is conditional upon compliance with any and all laws, rules and regulations including without limitation the rules of the competition.
We reserve the right to implement age requirements or other eligibility criteria where necessary. Competitions are not open to our employees or those of affiliated companies and subsidiaries, nor to any sponsors, nor to the immediate families of such employees or sponsors.
Winner(s) will be drawn at random from all competition entries. Winner(s) will be notified by email as soon as possible after the competition draw. For the names of the winner(s), please send an email to email@example.com specifying which competition your query concerns.
Winner(s) of competitions agree that neither us nor our employees or any sponsors shall have any liability in connection with the acceptance or use of any of the prizes awarded herein. We reserve the right to disqualify any entrant and/or winner in our absolute discretion.
Damsel in a Dress will not be responsible for transmission and/or computer error affecting the logging of entries to a competition or any acknowledgment required of a user. Entries that are incomplete or late will not be accepted.
Damsel in a Dress is committed to respecting your privacy and will not pass your details onto third parties. If you have opted to subscribe to our mailing list, your details will be used for this purpose only.
General Terms and Conditions
These notices and disclaimers govern your use of our website, www.damselinadress.co.uk. We do our best to ensure that the information on the website is accurate and helpful at all times. However, we cannot ultimately warrant the accuracy of any information and cannot be held liable for any us you may make or reliance you may place on such instances except as specifically agreed with us in any further agreement we may make with you in writing.
We do our best to ensure that the website operates properly at all times, but we make no warranties as to the availability or accessibility of the website, and (save as otherwise set out in these notices and disclaimers) we will not be liable for any damages, loss, costs or expenses incurred by you as a result of any lack of availability or accessibility of the website.
Any link (be it a hypertext link or other referral device) used on the website is provided solely for the use and convenience of the visitor. The link does not represent any endorsement or recommendation by us and does not mean that we have any association with the linked website. We are not responsible for the content of any websites that have links with the website or for the legal consequences of your entering into any contracts with the third parties that provide these linked websites and we do not accept any liability for any loss, damage, expense, costs or liability whatsoever incurred by you as a result.
We will not be liable for any loss, damage, expense, costs, delays or other liability whatsoever (including without limitation any financial losses such as loss of profit) which you may incur as a result of any event beyond our reasonable control (including without limitation any failure of transmission, communication, computer or other facilities or your inability to access the Website for any reason or any failure, error or delay in the sending or receiving of any notice or communication or instruction through the post or any electronic medium).
Nothing within these conditions operates so as to exclude, limit or restrict our liability for death or personal injury. Nothing in the above exclusions affects your statutory rights as a consumer. All rights including copyright and other intellectual property rights and goodwill in or relating to the contents of the website belong to either Damsel in a Dress or to our suppliers. In particular, the trade marks displayed are registered and nothing contained in these conditions or the website should be construed as granting by implication, estoppels, personal bar, or otherwise, any licence or right to use any of the trade marks without our permission.
However, copying and printing of those web pages which contain the trade marks is permitted in the following way only: You may download to a local hard disk or memory device and print extracts from the website solely for personal, non-commercial use. You may also recopy downloaded extracts to others for their personal, non commercial use.
You may not reproduce part or all of the contents of the website in any form unless it is for personal, non commercial use. You may not copy or otherwise incorporate into or store in any other website, electronic retrieval system, publication or other work any of the content of the website in any form (whether hard copy, electronic or other).
You may not frame or link to the website or any part of it without our express permission. The interpretation, construction, effect and enforceability of this agreement shall be governed by English Law, and you and we agree to submit to the jurisdiction of the English courts for the determination of disputes.
Changes to Website and Term and Conditions
You will be subject to the policies and terms and conditions in force at the time you order items using the website.
Changes which we are required to make by law could apply to orders which you have already made.
If any of the terms and conditions forming the contract between us are deemed invalid, void or unenforceable for any reason, they will be deemed severable and will not affect the validity or enforceability of the remaining terms and conditions.