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TERMS
AND CONDITIONS
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Definitions
-
Ownership
-
Limited Licence and
Restrictions
-
Basis of Sale
-
Made-to-Order and
Custom-Made Products
-
Cancellations,
Returns and Refunds
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Essential Checks and Delivery Information
-
Risk & Property
-
Product use
-
Made-To-Order
-
Product Descriptions,
Colours and Unique Features
-
Prices
-
Payment Methods
-
Website Content
-
Linked Sites
-
Amendments to these
Terms & Conditions
-
Intellectual Property
-
Indemnity
-
Disclaimer
-
Liability and
Warranties
-
Data Protection and
Privacy
-
Risk and Title
-
Entire Agreement
-
Severance
-
Assignment
-
Waiver
-
Dealing as a Business
-
Governing Law
1. Definitions
"Cookies" means small files which are stored on your
computer's hard drive to identify your preferences and
your computer. We use cookies to operate our processes,
to obtain general statistical information about users
and to store information about your shopping session and
to identify your computer;
'Goods' means the goods displayed for sale on the
Website.
'Distance Communication' means purchases exclusively
made via telephone, fax, mail order and/or The Cravat
Company Ltd website;
'Made-To-Order' and ‘Custom-Made’ means Products made to
requirements specified by you and/or
made in materials, fabrics and/or colours specified by you;
- This applies to all items produced to order such as
our cravats, waistcoats and ties.
'Standard Items' covers all standard Products but
excludes Made-To-Order and Custom-Made;
-
Our cufflink & cravat pin sets and cravat pins are considered to
be 'Standard Items' unless you have specifically asked us to
make them for you in a non-standard colour.
'Personal Information' means the details you provide on
completing our Order-Form or Feedback Form;
'Product or Products' means The Cravat Company Ltd good(s)
displayed for sale on the Website;
'Website' means the website located at
www.thecravatcompany.co.uk;
'we', 'us', 'our' means The Cravat Company Ltd;
'you', 'your' means the customer.
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2. Ownership
The Website is an official website of The Cravat Company
Ltd
and the copyright and the database rights are owned by
The Cravat Company Ltd. The Website and all intellectual
property rights (including but not limited to rights in
the website as a database) in its text, design, images,
graphics, and the selection, organization and
arrangement thereof, together with all garment and
product designs shown therein belong to The Cravat
Company Ltd.
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3. Limited Licence and
Restrictions
You recognise and agree that the material and content
contained on the Website is made available to you for
your personal and non-commercial use and that you may
only download such material and content for the purpose
of using the Website to a single personal computer.
Furthermore you recognise and agree that any other use
of the material and content of the Website is strictly
prohibited and you agree that it is strictly prohibited
to (or to assist or facilitate any third party to) copy,
reproduce, transmit, modify, publish, display,
distribute, commercially exploit or create derivative
works of material and/or content from the Website
without our written permission and is a violation of our
intellectual property rights.
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4. Basis of Sale
All orders that you place on the Website will be subject
to acceptance in accordance with these terms and
conditions.
The
following is required to create a contract between you
and us:
Please follow the simple onscreen instructions taking
you through the process of placing an order on the
website. You place the order for your products by
pressing the 'Submit Card Details' button on the
'Purchase' page, in doing
so you offer to buy the Goods at the prices indicated as
well as any applicable delivery charges.
An
order acknowledgement email will be sent to you
detailing the products you have ordered. Please note
that this email is merely an acknowledgement of your
order and not an acceptance or
confirmation of your order by The Cravat Company Ltd.
Except for all orders of Custom-Made and/or
Made-To-Order products, the acceptance of your order
and the completion of the contract between you and us
will take place on dispatch of the products unless we
have notified you that we do not accept your order or
you have cancelled it.
If
you have ordered Custom-Made and/or Made-To-Order
products the acceptance of your order and the completion
of the contract between you and us will occur when you
receive a confirmatory email from us unless we have
notified you that we do not accept your order or you
have cancelled it. Once we have accepted your order it
becomes binding, subject to your rights of cancellation.
Non-acceptance of an order by us will occur if: the
ordered product is unavailable or discontinued; we
identify a pricing or product description error; or we
are unable to obtain authorisation for your payment.
We
reserve the right to withdraw any Products from this
Website at any time and/or remove or edit any materials
or content on this Website. We may refuse to process a
transaction for any reason or refuse service to anyone
at any time at our sole discretion. We will not be
liable to you or any third party by reason of our
withdrawing any Product from this Website whether or not
that Product has been sold; removing or editing any
materials or content on the Website; refusing to process
a transaction or unwinding or suspending any transaction
after processing has begun.
To
be eligible to purchase Products on this Website and
lawfully enter into and form contracts on this Website
under English law you must: be over 18 years of age;
register by providing your real name, phone number,
email address, payment details and other requested
information; provide a valid delivery address; (Please
note that PO box numbers, hotels and temporary
accommodation addresses are not acceptable); and possess
a valid credit or debit card issued by a bank acceptable
to us.
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5. Made-To-Order and
Custom-Made Products
The Products will be made specifically to your order in
accordance with the instructions and specifications you
have given us.
The terms 'Made-To-Order' and 'Custom-Made' apply to all
Products that we make up to order
in materials, fabrics and/or colours specified by you
such as our cravats, waistcoats and ties.
Essential Checks Before Ordering
It is your responsibility to ensure that before you
order any Made–to-Order or Custom-Made Product, that
you have reached a final decision with regard to the
fabric or fabrics you have chosen, the colour or colours
you have chosen, and that you have
checked that the sizes you are ordering are correct or
if supplying measurements that the measurements you are supplying to us
are correct and comprehensive.
It
is your responsibility to check, before submitting your
order, that all details and aspects
of your order are correct and suitable for your
requirements, including sizes, measurements, dimensions, and
Product features such as style, fabric and colour. Please read notes
10
and
11.
Our Colour-Matching and Swatch Request Service is
available to assist you in choosing the correct fabric
and colour for your cravats, waistcoats or ties, prior
to you placing your order.
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6. Cancellations, Returns
and Refunds
6.1 Cancellations
Made-To-Order and Custom-Made Products
If you need to amend or cancel your order for
Made-To-Order or Custom-Made Products you are entitled
to do so at any time up to 48 hours after you have
placed your order, by contacting customer services.
If
you amend or cancel your order more than 48 hours after
you placed it, we reserve the right to charge you any
costs we incur in relation to your order, however this
shall not be more than 25% of the total price of the
ordered products.
Made-To-Order and Custom Orders can only be cancelled
in writing and only before any materials or fabric has
been ordered by us to create your Made-To-Order or
Custom-Made order.
Standard Items
You have the right to cancel your order at any time
before you receive the Standard Items you ordered, by
contacting customer services. If these Products have
already been dispatched when you contact us, you will be
advised to return them upon delivery as detailed below.
Standard Items ordered via Distance Communication may be
cancelled in writing at any time up to 7 days from
receipt of the Products.
6.2
Returns/Refunds
Made-To-Order and Custom-Made Products
Made-To-Order Products, Custom-Made Products and
Products made to your specifications cannot be returned
after you have received them, unless they are found to
be defective
or 'not as ordered', which must be confirmed by
inspection by a representative of The Cravat Company
Ltd.
The terms 'Made-To-Order' and 'Custom-Made' apply to all
Products that we make up to order
in materials, fabrics and/or colours specified by you
such as our cravats, waistcoats and ties.
We will not be held responsible for finished
Made-To-Order or custom order garments not being the
correct colour due to you failing to first check the colour
prior to ordering by requesting fabric samples using our
Colour-Matching and Swatch Request Service.
We will not be held responsible for finished
Made-To-Order or custom order garments not fitting properly due
to weight gain or loss.
You
are responsible for paying the postage costs when
returning any item to us, for whatever reason, and for your protection we
recommend that you use a recorded delivery service and
pack the items in the original packaging if possible, or
if not, in sufficient protective packaging.
Standard Items
You can return any unused Standard Item ordered up to 7
days after receipt, by contacting customer services
within the 7 day period and we will refund any payment
that you have already made. You are required to return
any such cancelled Products to us within seven days of
the date of cancellation.
Standard Items purchased exclusively via Distance
Communication may be returned by informing us in writing
within 7 days of receiving the Products of your
intention to return the items.
Our cufflink & cravat pin sets and cravat pins are
considered to be 'Standard Items' unless you have specifically
asked us to make them for you in a non-standard colour, in which
case they would be 'Made-To-Order'.
By
Post:
You can return Standard Items by post to:
Returns,
The Cravat Company Ltd,
PO Box 8257,
Leicester LE3 7AQ.
Where you are returning Products, you should return them
to us by one of the methods set out below, with proof of
purchase (receipt or dispatch notes), unused and in the
condition in which you receive them.
If
you return Products by post, please ensure you package
and label them properly so that they are not lost or
damaged in transit. We recommend you use a recorded
delivery service and retain some proof
of postage in the event that the Products go missing in
transit as
Products remain your responsibility and property until
we receive them.
There are no refunds for shipping and handling charges
unless it is a shipping error on our part.
Defective Products
If you consider your 'Made-To-Order'
Products to be 'defective' or 'not as ordered',
the item or items
should be returned to us in their original packaging
within 7 days from the date you received them
for
examination by us and cannot be returned if they have
been worn, or washed,
dry-cleaned, ironed or steamed, or if they have any
stains, emit body-odours or scents, or have any kind of iron marks or
water stains.
If you believe any of our Products to be of an
unsatisfactory quality please immediately contact
customer services and treat your Product with the utmost
care. Nothing mentioned in these terms and conditions
affects your statutory rights in the unlikely event that
the goods do not meet a standard required by law.
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7. Essential Checks and Delivery Information
Essential Checks Before Ordering
It is your responsibility to ensure that before you
order any Made–to-Order or Custom-Made Product, that
you have reached a final decision with regard to the
fabric or fabrics you have chosen, the colour or colours
you have chosen, and that you have
checked that the sizes you are ordering are correct or
if supplying measurements that the measurements you are supplying to us
are correct and comprehensive (See notes 10 and 11 below).
Essential Checks on Delivery
An adult must be available at the address to carefully
check the unwrapped product, sign and acknowledge
receipt in a safe and satisfactory condition. Please
report any defects immediately upon delivery to Customer
Services.
Delivery Charges and Carriers
UK Deliveries:
The Cravat Company Ltd uses Royal Mail Special Delivery
to deliver to the following UK territories: United Kingdom,
Northern Ireland, the Isle of Wight and the Channel
Islands.
Overseas Deliveries: The Cravat Company Ltd will use
appropriate courier services for delivering Products to
destinations outside of the UK and around the world.
You may choose your preferred shipping method when you
reach the checkout. The shopping cart will add an
appropriate shipping amount according to the total value
of your order, chosen shipping method and order
destination. The amount charged for shipping will be
displayed on the shopping cart page.
Please note that all callers from outside the Mainland
UK should dial +44 116 2166159 for Customer Services.
Delivery Dates
UK orders:
Delivery dates are not guaranteed but we will do our
utmost to ensure goods are delivered within 30 days for
our made-to-order Cravats or Ties or 6 weeks for our
made-to-measure Waistcoats. The turnaround period starts from
the date the order is placed.
Overseas orders: Add transit (shipping) times on top of
usual order turnaround times.
PLEASE NOTE: During our busiest times of the year order
turnaround times can be slightly longer than stated but we will email you to
inform you if this is the case.
We shall not be held responsible for delays or failures in
delivery caused by a failure to gain access to the
delivery address on the day of delivery or because there
is no-one present to sign for the delivery or because
of other circumstances beyond our reasonable control.
Specific delivery times on the day of delivery cannot be
agreed at any time in the order process.
Lead
Times (Delivery Timescales)
We will normally dispatch the items ordered within
approximately 30 days on orders for Cravats or Ties or 6
weeks on orders for Waistcoats (counting from the date
the order is placed) unless you request that we do so on
another date, such as a date specified by you and agreed
in advance with us on which you wish the items to be
delivered, which may be a shorter or longer period than
our standard 30 day or 6 week turnaround times.
If you request a specific delivery date when placing
your order and we have agreed to this arrangement, then expect
delivery on that date. If you do not specify any
particular date that you would prefer to take delivery
of your order, then please allow approximately 30 days
for cravats or ties or 6 weeks for waistcoats from the
date of placing your order for completion and dispatch
of that order. It can arrive at any time within that
period but we will let you know by email of the day of
dispatch.
Order Turnaround Times
All orders for Cravats, Waistcoats and Ties are
made-to-order for you, by our team. Our usual turnaround
time for orders for Cravats or Ties is approximately 30
days and for Waistcoats approximately 6 weeks. During our busiest times of the year order
turnaround times might be slightly longer than the 30 day
or 6 week period, but we will
email you to inform you if this is the case.
Orders that consist solely of Standard Items (Cufflink
and Cravat Pin sets) will normally be shipped between 1
and 10 days. However, if you are including made-to-order
items (cravats, waistcoats, ties) in the same order,
then the delivery timescale for those items will apply.
If you need delivery in less than 30 days
(Cravats or Ties) or 6 weeks (Waistcoats)
or you need a last-minute order making, please contact
us first to check on the feasibility of us producing
your order in the timescales you have.
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8. Risk & Property
We carry the risk of loss or damage to the Products
until you receive them. The Property of the Products
will pass to you when you have received them and have
paid us in full. If you return the Products to us for
any reason, they will become our property and be at our
risk from the time at which we receive them.
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9. Product use
Our products are designed to be worn for weddings or as
special occasion wear. If you intend to take part in strenuous
activities whilst wearing our products we will not be
held responsible for any damage incurred.
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10. Made-To-Order
We rely on the accuracy of the details you supply when
ordering Custom-Made, Made-To-Order and Made-To-Measure products. We do not accept
responsibility for any inaccurate details provided
by you. All fabrics are subject to availability.
Our Colour-Matching and Swatch Request Service is
available to assist you in choosing the correct fabric
and colour for your cravats, waistcoats or ties, prior
to you placing your order.
Made-To-Order and Custom-Made orders are based on the
requirements that you provide on our website when
placing your order and we will not be held responsible
for any inaccuracies in the final product (your
Made-To-Order item or Custom Order) caused by errors in
the instructions provided by you. Please note that
before dispatching any order, we check each item
carefully and keep this information on record so that if
any misfit case arises we first investigate it by
checking your original instructions from our records. We do not accept returns, or exchanges of
Made-To-Order or
custom-made orders unless they are found to be
'defective' or 'not as ordered' which must be confirmed
through inspection by a representative of The Cravat
Company Ltd.
We will not be held responsible for finished
Made-To-Order or custom order garments not fitting properly due
to weight gain or loss.
We will not be held responsible for finished
Made-To-Order or custom order garments not being the
correct colour due to you failing to first check the colour
prior to ordering by requesting fabric samples using our
Colour-Matching and Swatch Request Service.
Please note that you must provide us a written record of
the reason for return or exchange within 48 hours of
receiving the item. Items that have been worn,
dry-cleaned, ironed, steamed or washed will not be
accepted as returns or exchanges. Items that have any
stains, emit body odours or scents, have any
kind of iron marks or water stains will not be accepted
for returns or exchanges.
There are no refunds for all shipping and handling
charges, unless it is a shipping error on our part.
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11. Product Descriptions,
Colours and Unique Features
Every effort is made to ensure that the Products we
supply correspond as closely as possible to the samples
shown on this Website but they might not be exactly the
same. We regret that no responsibility can be accepted
for these slight variations, which all add to the unique
features of our Products including but not limited to
the following:
-
11.1 On fabric the shade will inevitably vary
slightly from one batch to another.
-
11.2 Fabric patterns are not matched unless
expressly stated otherwise.
-
11.3 On certain Raw Silk fabrics there may be
shade variations, and the minor variations and
irregularities found in the silk are a unique
characteristic of a natural material and not a
defect or weakness.
-
11.4 All of our Products are individually hand
finished and therefore there will be some slight
differences between items.
-
11.5 Standard sizes as given on our website
are approximate, and are given as a guide only.
Every reasonable effort on this website is made to ensure
the accuracy of colour reproduction. However, colour may
vary in accordance with the settings of your monitor,
software, or printer.
The
Cravat Company Ltd makes every effort to ensure that the
product descriptions and photographs provided on this
web site are accurate and life-like. Whilst the
reproduction of colours and styles contained on the
photographs shown on this website are as accurate as
image and photographic processing will allow, The Cravat
Company Ltd cannot accept responsibility for slight
variances in colour or style. The actual colours you see
will depend on your monitor, VGA card, resolution of
your computer and browser used. We cannot guarantee that
your monitor's display of any colour will be accurate.
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12. Prices
All prices are in £ Sterling inclusive of VAT (where
applicable) at the current rates but excluding delivery
charges (where applicable).
All reasonable care is taken to ensure that the prices
shown are correct at the time of publication including
VAT where applicable. If an error has been made, we or you may cancel the
order in relation to some or all of the Goods as
indicated under "Cancellation".
It may be necessary to raise our prices in certain
circumstances, e.g. if component costs increase or
currency conversions change materially.
The price for the Products you order will be the price
confirmed to you either before or soon after you place your order. If
this varies from any quoted price, we will contact you
to check that you still wish to proceed.
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13. Payment Methods
You may pay using your Visa, MasterCard, Switch, Maestro
and American Express.
You confirm that the credit or debit card that is being
used is yours.
All credit/debit cardholders are subject to validation
checks and authorisation by the card issuer. If the
issuer of your payment card refuses to or does not, for
any reason, authorise payment to us, we will not be
liable for any delay or non-delivery.
All card payments are processed for you by PayPal (Europe)
Ltd for a small fee that is included in the cost of your
purchase. The balance is paid to the Cravat Company Ltd. The
total amount you pay is the same regardless of the
payment method.
You may also pay by cheque sent by post. Cheques are
subject to a 14 day wait for clearance.
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14. Website Content
We will take all reasonable care to ensure that all
details, descriptions and prices of Products appearing
on the Website are correct at the time when the relevant
information was uploaded onto the system. Although we
aim to keep the Website as up to date as possible, the
information including Product Descriptions appearing on
this Website at a particular time may not always reflect
the position exactly at the moment you place an order.
We cannot confirm the price of a Product until your
order is accepted in accordance with our Order
acceptance policy (see note 4). Please note that in the event that an
error is identified non-acceptance of an order by us may
occur, subject to your statutory rights.
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15. Linked Sites
Unless specifically provided, we make no representations
whatsoever about any other websites which you may access
through our website or which may link to our website.
When you access any other website you understand that it
is independent from us and that we have no control over
the content or availability of that website. In
addition, a link to any other site does not mean that we
endorse or accept any responsibility for the content, or
the use of, such a website and shall not be liable for
any loss, damage or offence caused or alleged to be
caused by or in connection with use of or reliance on
any content, goods or services available on or through
any other website or resource. Any concerns regarding
any external link should be directed to its website
administrator or web master.
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16. Amendments to these
Terms & Conditions
We reserve the right to amend these terms and conditions
at any time. Any such amendments will take effect when
posted on the Website and it is your responsibility to
read the terms and conditions on each occasion you use
the Website and your continued use of the Website shall
signify your acceptance to be bound by the latest terms
and conditions.
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17. Intellectual Property
You recognise and agree that all copyright, database
rights, trademarks and all other intellectual property
rights in all material and/or content of this Website is
owned by The Cravat Company Ltd and shall remain so at all
times.
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18. Indemnity
You agree fully to indemnify, defend and hold us, and
our officers, directors, employees, agents and
suppliers, harmless immediately on demand, from and
against all claims, liability, damages, losses, costs
and expenses, including reasonable legal fees, arising
out of any breach of the Conditions by you or any other
liabilities arising out of your use of this Website, or
the use by any other person accessing the Website using
your shopping account and/or your Personal Information.
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19. Disclaimer
The Website and its contents are provided “as is” and
without representation, term, condition or warranty of
any kind either express or implied (and whether implied
by law, custom or otherwise) in respect of the Website
and/or its contents we disclaim all representations,
terms, conditions and warranties including but not
limited to, as to satisfactory quality, merchantability,
fitness for purpose, title and non-infringement of
intellectual property rights to the fullest extent
permissible under applicable law we disclaim any and all
warranties of any kind, whether express or implied, in
relation to the Products. In addition, we exclude any
representation or warranty that the information and/or
facilities accessible via this Website are accurate,
complete or current, or that the Website will be free of
defects including, but not limited to viruses or other
harmful elements. The user of the Website assumes all
costs and risks arising as a result of its use of the
Website. We will use reasonable endeavours to verify the
accuracy of any information on the Website but we make
no representation or warranty of any kind express or
implied in relation to its accuracy regarding the
contents or availability of the Website or that it will
be free from errors or that the errors will be
corrected, or that the Website or the server are free
from viruses or represents the full functionality,
accuracy, reliability of the Website. We will not be
responsible or liable to you for any loss of content or
material uploaded or transmitted through the Website and
we accept no liability whatsoever for any loss or damage
from action taken in reliance on material or information
contained on the Website.
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20. Liability and
Warranties
Nothing in the terms and conditions in any way limits
our liability for death or personal injury caused by our
negligence or by fraud.
We shall not be liable for any economic losses (including
without limitation loss of profits, revenue, business,
contracts, management time, data or anticipated savings)
nor for any loss of goodwill or reputation nor for any
indirect loss whether arising in contract or tort
(including negligence) or pre-contractual or other
representations (except for fraudulent or negligent
misrepresentation) or otherwise even if advised of the
probability of such damage or where it was foreseeable.
Except in the event of death or personal injury, in no
event shall our liability under these terms and
conditions exceed the amount paid or payable by you for
the Products or Goods. This does not affect your
statutory rights as a consumer, nor does it affect your
rights of cancellation.
We shall take all reasonable precautions to keep the
details of your order and payment secure, except where
we are negligent, we cannot be held liable for any
losses caused as a result of unauthorised access to
information provided by you.
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21. Data Protection and
Privacy
In addition to allowing us to check your
creditworthiness and process your orders, the personal
data you submit, and our records of your visits to the
Site, will be used to monitor and improve our service to
you, and for marketing purposes.
We will respect the privacy of your personal data, and will
comply with all relevant and current data protection
legislation. Without your written consent we will not
make our mailing list available for marketing purposes
to anyone else and, unless required to do so by a court
of competent jurisdiction, will not disclose your
personal data to anyone.
If you wish to update or delete your personal information,
or if you prefer that we do not email you in the future,
please contact customer services.
We use Cookies to track patterns of behaviour of visitors
to our site. You can usually modify your browser
settings to prevent this.
Please check back frequently to see any updates or changes
to our privacy policy.
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22.Risk and Title
No order is binding on you or The Cravat Company Ltd until we
have accepted it. All title and ownership to the ordered
Goods will pass to you from the moment they are
dispatched by us to the postal service, or to our
carriers, or on payment in full by you of the price of
the Goods and any delivery charge (if applicable); and
risk will pass on delivery.
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23. Entire Agreement
You confirm that, in agreeing to accept these terms and
conditions, you have not relied on any representation
save insofar as the same has expressly been made a term
of these terms and conditions and you agree that you
shall have no remedy in respect of any representation.
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24. Severance
If any provision contained in these terms and conditions
is considered by any court or administrative body of
competent jurisdiction to be invalid or unenforceable,
such invalidity or unenforceability shall not effect the
other terms and conditions which shall remain in full
force and effect.
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25.
Assignment
You may not assign or sub-contract any of your rights or
obligations under these terms and conditions or any
related order for products to any third party without
our written consent. We reserve the right to transfer,
assign, notate or subcontract any of our rights or
obligations under these terms and conditions or any
related contract to any third party.
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26.
Waiver
A failure by us to exercise or enforce any right
conferred upon us by these terms and conditions shall
not be deemed to be a waiver of such right or operate so
as to bar the exercise or enforcement thereof at any
subsequent time or times.
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27. Dealing as a Business
These terms and conditions only apply if you are dealing
with us as a consumer. If you wish to trade with us in
the course of your business, please contact us.
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28. Governing Law
These terms and conditions shall in all respects be
governed by the laws of England and all disputes will be
subject to the exclusive jurisdiction of the English
courts.
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