Terms and Conditions
PLEASE READ THESE TERMS AND
CONDITIONS CAREFULLY AS THEY AFFECT YOUR RIGHTS AND LIABILITIES UNDER THE LAW
AND SET OUT THE TERMS UNDER WHICH WE MAKE OUR GOODS AVAILABLE TO YOU
1
General
1.1
‘We’, ‘us’ or
‘our’ is a reference to International Dance Shoes Limited, and ‘you’ or ‘your’
is a reference to the person or entity to whom we are supplying goods and who
is required to pay for the goods we supply.
1.2
By placing an
order with us you are offering to purchase goods on and subject to the
following terms and conditions. You agree to be bound by all the provisions set
out in these terms and conditions. Any order accepted by us is to be deemed to
incorporate these terms and conditions.
1.3
No variation or
amendment that you make to the terms and conditions shall be binding on us
unless explicitly accepted by us in writing. We reserve the right to vary or
amend the terms and conditions at any time prior to our acceptance of your
order and you will be given the opportunity to agree to any variations or
amendments.
2
The contract
between us
2.1
Your order
constitutes an offer made to us to purchase goods as specified in your order. You
can make an order on our website, by emailing us or by telephone at the contact
details given in condition 17, or in store at our factory at Unit 11, i.O.
Centre, Fingle Drive, Stonebridge, Milton Keynes, MK13 0AT, United Kingdom.
2.2
Once you place
your order on our website you will receive an automated email acknowledging that
your order has been placed sent to the email address you provide in your order.
We will then contact you by email again to let you know once your order is
confirmed. This confirmation email will confirm our acceptance of your order
which brings into existence a legally binding contract between us.
2.3
For all other
orders other than on our website we will contact you by email at the email
address you provide in your order to confirm our acceptance of your order which
brings into existence a legally binding contract between us.
3
Pricing and
payment
3.1
The prices payable for goods and the
descriptions and specifications of those goods that you order are as set out in
our website and as displayed in our price lists and in store at our factory unless
the goods you order are bespoke goods under condition 5.
3.2
We endeavour to set out and display accurate and
up to date prices, however there may be occasions where the price is incorrect
due to an error or due to changes in our suppliers’ costs. We will therefore
confirm the revised price by phone or email as soon as possible.
3.3
If the price of your order or any delivery
charges or other charges are different at the time we are ready to send the
email confirming acceptance of your order to what it was at the time you placed
your order then:
3.3.1
if the price is lower at the time we send the
email confirming acceptance of your order then we will charge you the lower
price and dispatch the goods; or
3.3.2
if
the price is higher at the time we send the email confirming acceptance
of your order then we will either
cancel your order or contact you to ask you either whether you wish to pay the
higher price or to cancel your order. If the order is cancelled by us or you do
cancel the order then if you have already made any payment, we will make a
refund.
3.4
When you place an order you authorise us to debit the
credit, debit or other card you specify at the time of your order unless your
payment is in cash. We do not accept cheques.
3.5
You are required to pay extra for delivery and
it might not be possible for us to deliver to some locations. Our delivery
charges will be confirmed to you at the time of your order.
3.6
For all orders made through our website you are
required to pay for the entire order (which includes delivery and any other
charges) at the time of order before it will be accepted and the goods
dispatched.
3.7
For all orders made by email or over the
telephone you must pay for the entire order (which includes delivery and any
other charges) either at the time of order where the goods require manufacture
or they are bespoke goods, or before the goods are dispatched or collected by
you where the goods are in stock.
3.8
For all orders made in store at our factory or
at our exhibition stands you are required to pay for the entire order (which
includes delivery and any other charges) at the time of order if the goods you
order are available and you wish to take them away. Alternatively you are
required to pay a 50% deposit of the entire order (which includes delivery and
any other charges) at the time of the order, and the outstanding 50% shall be
payable before collection or dispatch.
3.9
For all orders for bespoke goods you are
required to pay for the entire order (which includes delivery and any other
charges) at the time of order before it will be accepted and the goods
dispatched.
4
Right for you to
cancel your contract
4.1
Your right to cancel your contract in this
condition only applies where you order goods through our website, by email or
over the telephone. The right for you to cancel your contract in this condition
4 does not apply where your order is for bespoke goods (see condition 5). It also
does not apply to goods ordered in store at our factory or where you are
purchasing wholesale or as a business.
4.2
You may cancel your contract with us for the
goods you order at any time up to the end of the seventh working day from the
date you receive the ordered goods. You do not need to give us any reason for
cancelling your contract nor will you have to pay any penalty.
4.3
To cancel your contract you must notify us in
writing by email at the email address given in condition 17.
4.4
If you have received the goods before you cancel
your contract then you must send the goods back to our contact address at your
own cost and risk. If you cancel your contract but we have already processed
the goods for delivery you must not unpack the goods when they are received by
you and you must send the goods back to us at our contact address at your own
cost and risk as soon as possible.
4.5
Once you have notified us that you are
cancelling your contract, any sum debited to us from your credit card will be
credited to your account as soon as possible and in any event within 30 days of
your order PROVIDED THAT the goods in question are returned by you and received
by us in the condition they were in when delivered to you. For this reason we
strongly recommend that you use a recorded method of delivery. If you do not
return the goods delivered to you or do not pay the costs of delivery, we shall
be entitled to deduct the direct costs of recovering the goods from the amount
to be credited to you.
5
Bespoke goods
5.1
You may request to have goods that we offer on
our website, price lists and catalogues modified according to your requirements
or made to your specification. Orders for such goods shall be considered as
bespoke goods. We will treat any request for bespoke goods as an order.
5.2
Bespoke goods shall include (but shall not be
limited to):
5.2.1
goods requested in a specific style or material
that is not included on our list of current styles and materials on our
website, price lists or catalogues at the time of the order; or
5.2.2
goods requested in a width or size other than
the standard dimensions available in accordance with our website, price lists
and catalogues; or
5.2.3
goods requested in a combination of materials we
do not readily provide, or in a different material to that which is available
as standard in accordance with our website, price lists and catalogues; or
5.2.4
goods requested to be made in accordance with
any special instructions that you give us that would mean that we have to manufacture
the goods other than through our normal manufacturing process , such as (but
not limited to) having a particular length cut off the sole, or specific
placement of materials outside of the standard designs as set out in our
website, price lists or catalogues; or
5.2.5
goods requested in your own material as opposed
to the material that we provide those goods in as standard.
5.3
Where you make an order for bespoke goods there
is an additional charge payable of 20% of the price for the goods which is
payable at the time of the order. Where you specifically make an order for
bespoke goods in accordance with condition 5.2.5 the additional charge payable shall
be 50% (as opposed to 20%) of the price for the goods which is payable at the
time of the order. You will always be notified that your order is for bespoke
goods and also notified of the additional charge that is applicable before we
accept your order and take payment.
5.4
With certain orders, where we consider the
specifications of your request to require an unprecedented and unusual amount
of production time and cost, we may charge a higher additional charge than
specified in condition 5.3. We will always notify you and agree this with you
before accepting the order and taking payment.
5.5
As bespoke orders are tailored specifically
towards your requirements we strictly refuse to replace or refund bespoke
orders unless the bespoke goods are not what you ordered or are damaged or
defective or the delivery is of an incorrect quantity (in which case please
refer to condition 8).
6
Cancellation by
us
6.1
We reserve the right to cancel the contract
between us if:
6.1.1
we have insufficient stock to deliver the goods
you have ordered;
6.1.2
we do not deliver to your area;
6.1.3
you commit a material breach of the terms and
conditions;
6.1.4
one or more of the goods you ordered was listed
at an incorrect price due to a typographical error or an error in the pricing
information received by us from our suppliers; or
6.1.5
you fail to make payment when it becomes due.
6.2
If we cancel your contract we will notify you by
email and will credit to your account any sum deducted by us from your credit
card as soon as possible but in any event within 30 days of your order. We will
not be obliged to offer any additional compensation for disappointment
suffered.
7
Delivery of goods
to you
7.1
Unless you have specified with your order that
you wish to collect the goods we will deliver the goods ordered by you to the
address you give us for delivery at the time you make your order.
7.2
Delivery will be made as soon as possible after
your order is accepted. Delivery times may vary during busier periods such as
periods of promotion and holiday seasons. If the goods you order are in stock
then we aim to dispatch them within 72 hours of your order. If your goods
require manufacture then we aim to dispatch them within within 30 days of your
order. We endeavour to deliver goods ordered by you within these times however
if there is a possibility that delivery will be delayed then we will make
reasonable efforts to keep you updated.
7.3
You will become the owner of the goods you have
ordered when they have been delivered to you. Once goods have been delivered to
you they will be held at your own risk and we will not be liable for their loss
or destruction.
8
Liability
8.1
If the goods we deliver are not what you ordered
or are damaged or defective or the delivery is of an incorrect quantity, we
shall have no liability to you unless you notify us in writing by email at the
email address given in condition 17 of
the problem within 10 working days of the delivery of the goods in question.
8.2
If you do not receive the goods ordered within
30 days of the date on which you ordered them, we shall have no liability to
you unless you notify us in writing by email at the email address given in
condition 17 of the problem within 40 days of the date on which you ordered the
goods.
8.3
If you notify a problem to us under clauses 8.1
or 8.2 above, our only obligation will be, at your option:
8.3.1
to make good any shortage or non-delivery;
8.3.2
to replace or repair any goods that are damaged
or defective; or
8.3.3
to refund to you the amount paid by you for the
goods in question in whatever way we choose.
8.4
If you notify a
problem to us under clause 8.1 above, you must:
8.4.1
return the goods to us at your expense; and
8.4.2
give us a reasonable opportunity to examine the
goods.
8.5
We will not be
liable for any failure or defect in the goods where the failure or defect
arises in the normal course of use, or arises out of your wilful damage,
negligence or abnormal conditions. We will also not be liable for any failure
or defect in the goods where you use the goods after notifying us of the
failure or defect.
8.6
Save as precluded by law, we will not be liable
to you for any indirect or consequential loss, damage or expenses (including
loss of profits, business or goodwill) howsoever arising out of any problem you
notify to us under this condition and we shall have no liability to pay any
money to you by way of compensation other than to refund to you the amount paid
by you for the goods in question under clause 8.3.3 above.
8.7
You must observe and comply with all applicable
regulations and legislation, including obtaining all necessary customs, import
or other permits to purchase goods from us. The importation or exportation of
certain goods to you may be prohibited by certain national laws. We make no
representation and accept no liability in respect of the export or import of
the goods you purchase.
8.8
Notwithstanding the foregoing, nothing in these
terms and conditions is intended to limit any rights you might have as a consumer
under applicable local law or other statutory rights that may not be excluded
nor in any way to exclude or limit our liability to you for any death or
personal injury resulting from our negligence.
8.9
We shall not be liable in respect of any claim
which may be made against us for infringement of any letters patent or
registered design which may arise as a result of us carrying out instructions
given by you and you agree to indemnify us and keep us indemnified from and
against all or any such claims and against all costs, damages and expenses
incurred by or recovered against us in respect of any such claims.
9
Notices
Unless otherwise expressly stated in these terms and conditions, all
notices from you to us must be in writing and sent to our email address sales@ids-danceshoes.co.uk or our contact
address at Unit 11 Fingle Drive, i.O Centre, Stonebridge, Milton Keynes, MK13
0AT and all notices from us to you will be displayed on our website from time to
time.
10
Events beyond our
control
We shall have no liability to you for any failure to deliver goods you
have ordered or any delay in doing so or for any damage or defect to goods
delivered that is caused by any event or circumstance beyond our reasonable
control including, without limitation, strikes, lock-outs and other industrial
disputes, breakdown of systems or network access, flood, fire, explosion or
accident.
11
Invalidity
If any part of these terms and conditions is unenforceable (including
any provision in which we exclude our liability to you) the enforceability of
any other part of these conditions will not be affected.
12
Privacy
You acknowledge and agree to be bound by the terms of our privacy
policy.
13
Third party
rights
Except for our affiliates, directors, employees or representatives, a
person who is not a party to this agreement has no right under the United
Kingdom Contracts (Rights of Third Parties) Act 1999 to enforce any term of
this agreement but this does not affect any right or remedy of a third party
that exists or is available apart from that Act.
14
Governing law
The contract between us shall be governed by and interpreted in
accordance with English law and the English courts shall have jurisdiction to
resolve any disputes between us.
15
Entire agreement
These terms and conditions, together with our current price lists,
delivery details, contact details and privacy policy, set out the whole of our
agreement relating to the supply of the goods to you by us. Nothing said by any
sales person on our behalf should be understood as a variation of these terms
and conditions or as an authorised representation about the nature or quality
of any goods offered for sale by us. Save for fraud or fraudulent
misrepresentation, we shall have no liability for any such representation being
untrue or misleading.
16
Interpretation
16.1
Any reference
to working day means all days other than Saturdays, Sundays and public
holidays.
16.2
Condition
headings do not affect the interpretation of these terms and conditions.
16.3
A reference to
a particular law is a reference to it as it is in force for the time being
taking account of any amendment, extension, application or re-enactment, and
includes any subordinate legislation for the time being in force made under it.
16.4
Words in the
singular include the plural and in the plural include the singular and words
denoting a gender include all genders.
17
Our details
We the Company: International Dance Shoes Limited which is a company
registered in England and Wales with company number 01545593
Email address: sales@ids-danceshoes.co.uk
Registered Address: Moorgate House, 201 Silbury Boulevard, Central
Milton Keynes, MK9 1LZ (not to be used as a correspondence address – please use
Factory Details below for this purpose)
Factory Details: Unit 11, i.O. Centre, Fingle Drive, Stonebridge,
Milton Keynes, MK13 0AT, United Kingdom – telephone number 01908 319937
VAT Registration Number: 335299928
If you have any queries, please contact customer services at
sales@ids-danceshoes.co.uk.
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