Terms and Conditions and User Agreement
by usBY VISITING, BROWSING, SHOPPING, ACCESSING OR OTHERWISE USING THIS WEB SITE (THE SITE) OR ANY OTHER SITE OPERATED OR CONTROLLED BY CHARLIE HARPER SHIRTS, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS
Important Information About This Legal Contract You agree to this User Agreement, and all of its terms and conditions, by visiting, browsing, shopping, accessing or otherwise using the Site. These terms and conditions are subject to change without prior notice at any time, at CHARLIE HARPER SHIRTS sole discretion. By visiting, browsing, shopping,accessing or otherwise using the Site after a change has been posted to the Site, the Customer accepts that change. Customers/User’s should check this User Agreement and the Privacy section regularly.
Acceptance of Contract Terms
This User Agreement, and all of its terms and conditions, constitute a legal contract between you and CHARLIE HARPER SHIRTS (References to “you” or & “your”; shall relate to a customer of CHARLIE HARPER SHIRTS &;or other party that visits, browses, shops, accesses or otherwise uses the Site (“Customer”); references to “CHARLIE HARPER SHIRTS” shall relate to CHARLIE HARPER SHIRTS and its affiliates.) By visiting, browsing,shopping, accessing or otherwise using this site (“Site”;), you acknowledge that you have read, understood, and agree to be bound by this User Agreement and comply with all applicable laws and regulations, including ;import /export and re-export control laws and regulations.
If you do not agree to this User Agreement, as it may be changed by CHARLIE HARPER SHIRTS from time to time, do not use this or any other Site owned and controlled by Charlie Harper Shirts.The material provided on this Site is protected by law, including, but not limited to, UK and US copyright law and international treaties.
This Site is controlled and operated by CHARLIE HARPER SHIRTS from its offices / facilities within ASIA. CHARLIE HARPER SHIRTS makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is not authorized. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.Interference and Linking CHARLIE HARPER SHIRTS grants you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except as provided below under “Use Restrictions”; or with express written consent of CHARLIE HARPER SHIRTS.
The following activity on the Site is expressly prohibited: Any non-personal or commercial use of any robot, spider, other automatic device, or manual process to monitor or copy portions of the Site or the content contained herein without prior written permission by CHARLIE HARPER SHIRTS;collection or use of any product listings, descriptions, or prices, from the Site for the benefit of another merchant that supplies products competitive with or comparable to those offered on the Site; and, Any use of, visits to, or other action that imposes an unreasonable or disproportionately large load on the Site, or otherwise interferes with its proper and timely functioning.
Any unauthorized use terminates the license granted by CHARLIE HARPER SHIRTS.You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Site so long as the link does not portray CHARLIE HARPER SHIRTS, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any CHARLIE HARPER SHIRTS logo or other proprietary graphic or trademark as part of the link without express written permission.CHARLIE HARPER SHIRTS does not review or control third-party sites that link to or from the Site, and is not responsible for the contents of any third-party sites linked to or from the Site.Use Restrictions The copyright in all material provided on this Site is held by CHARLIE HARPER SHIRTS or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of CHARLIE HARPER SHIRTS or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded or printed materials. You also may not, without CHARLIE HARPER SHIRTS prior written permission, mirror; any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
All trademarks and registered trademarks are the sole property of their respective owners. Photographs courtesy of respective manufacturers. Limitation of Liability UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CHARLIE HARPER SHIRTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF CHARLIE HARPER SHIRTS OR ACHARLIE HARPER SHIRTS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA,YOU ASSUME ANY COSTS THEREOF.
Privacy
Any details that are forwarded to us via the payment gateway such as email address, postal address, contact details etc are kept in strict confidence and WILL NEVER BE GIVEN SOLD OR DIVULGED TO ANY THIRD PARTY.WE HAVE NO ACCESS TO ANY OF YOUR FINANCIAL INFORMATION INCLUDING CREDIT DETAILS.
Disagreement with These Terms and Conditions
If you disagree with any of the terms and conditions of this User Agreement, please do not visit, browse, shop, access or otherwise use this Site or any other site in our control to which this document applies.
Terms and Conditions of Sale
All sales made by Charlie Harper Shirts (Seller) to you (Customer) are governed by these Terms and Conditions of Sale unless otherwise indicated and agreed by Charlie Harper Shirts in writing.
THE PLACEMENT OF AN ORDER VIA ELECTRONIC MEANS AND VIA THE WEBSITE IS YOUR AGREEMENT TO THESE TERMS AND CONDITIONS. CHARLIE HARPER SHIRTS RESERVES THE RIGHT TO AMEND OR MODIFY THESE TERMS AND CONDITIONS OF SALE AT ANY TIME AT ITS SOLE DISCRETION WITHOUT PRIOR NOTICE.
The Seller shall assume the Customer has read and agreed to the full terms & conditions of sale by the placement of an order. These Terms and Conditions of Sale (as set forth in this document) supersede the terms and conditions of any Customer’s purchase order(s) and will govern all transactions between Customer and Seller.
These Terms and Conditions of Sale also apply to all future transactions unless modified in writing signed by Seller.CHARLIE HARPER SHIRTS reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.
Payment Terms
Seller accepts Visa/MasterCard and any other facility of payment accepted through the provided payment gateways.Customer may be charged a DISCRETIONARY 25% service/handling charge for any returned or exchanged items
All orders will be charged on receipt of order and before shipment.No order will be processed without confirmation of payment being received by the Seller from the payment gateway on this website.
Shipping
The Customer is responsible for all shipping charges, where applicable FOB the Seller’s premises in Asia. Customs’ brokerage / Import duties/ VAT or any other charges imposed during the delivery process are the Customers sole responsibility.
If delivery is refused for any reason this will be deemed as a cancellation and NO refund is given.
Orders are normally shipped via International Registered Airmail, E-packet service, DHLExpress service is also available. The Seller will ship using a carrier designated by the Customer upon request and where available.Seller will not be responsible for shipping delays caused by any carrier or service. ALL items without exception WILL require a signature on delivery.If an item is returned to the Seller as non-deliverable for ANY reason the customer must pay for it to be re-shipped.
DHL Express service stated is NOT available to ALL countries.
Delivery to PO Boxes or 3rd Party addresses, communal areas or shared facilities is at the sole and entire responsibility of the Customer.
Items promoted as ” free shipping” or “shipping included” are applicable to completed sales.
In the event that such an item is returned the original cost of shipping to the customer will be deducted from any payment or store credit due as the sale will be deemed as not completed.
If your Order is “Not received/delivered”
In the event that an order is not received, the Customer must follow procedures as laid down by the dispatching Postal or shipping service used.This requires waiting a minimum of 28 days before any such claim can be made.
Once a claim is received and a “trace” is requested there will be an additional waiting period of 28 days whilst inquiries are made by the organisation involved..
If the order is not located and delivered within this time then a final 28 days is required before any credit or replacement is offered.
If a refund of store credit is given, it will be for the full cost of the item(s) purchased (does not include any postage costs).
Notice of Defects
Customer is responsible for inspecting the merchandise upon receipt. Customer shall notify Seller in writing WITHIN 7 DAYS OF CUSTOMER;S RECEIPT OF THE MERCHANDISE of any defect in the merchandise are discovered by Customer, including, without limitation, claims related to shortages or quality.the Seller shall not be responsible for loss, non receipt or shortages when shipments are directed to a PO Box or third party other than the Customer or to an address other than that stated on the order as the “billing/delivery” address.
RETURNS
The Seller has a FULL replacement garment policy for manufacturing errors. A store credit is given for return shipping costs (where aprpropriate)..
If the customer finds the garment unsuitable for any reason then the Seller will provide a Replacement or FULL REFUND of garment price paid in STORE CREDIT or Gift Card at our descretion for the garment price (NOT P&P) provided ;the order was NOT A SPECIAL ORDER OR EMBROIDERED OR HAS BEEN MODIFIED SPECIFICALLY AT THE CUSTOMERS REQUEST and the GARMENT HAS NOT BE WORN, labels etc have not been removed and the seller is notified of the return within 7 days of receipt and the order is RECEIVED BACK AT THE SELLERS PREMISES NO MORE THAN 28 DAYS LATER.
There will be a 25% restocking/handling/processing fee.(Not applicable to Exchange purchases)
IN THE EVENT THE CUSTOMER ORDERS AN INCORRECT SIZE IT MAY BE EXCHANGED PROVIDED IT IS NOT A SPECIAL ORDER OR A REQUESTED EMBROIDERED OR MODIFIED ITEM.
THE CUSTOMER WILL BE RESPONSIBLE FOR ALL SHIPPING COSTS AND A HANDLING / RE-STOCK & PROCESSING FEE = 25%
SPECIAL ORDERS AND REQUESTED EMBROIDERED OR MODIFIED SHIRTS CANNOT BE RETURNED REFUNDED OR EXCHANGED.
Any and ALL items must be returned to us within 28 days of receipt.
The item(s) must be in a saleable condition, unmarked, odour free and in the original package.
The Customer must obtain a RETURN CODE from the Seller BEFORE returning any items. Items returned without this code WILL NOT be accepted. SPECIFIC INSTRUCTIONS FOR RETURNS WILL BE GIVEN BY THE SELLER VIA EMAIL WHEN A RETURN REQUEST IS RECEIVED FROM THE CUSTOMER, IF THESE INSTRUCTIONS ARE NOT FOLLOWED THE SELLER RESERVES THE RIGHT TO REFUSE DELIVERY.
Wholesale & Trade discounted Orders are no return or refund.
REFUNDS
If you have requested a refund, this will be made by Store Credit or Gift Card. Refunds will be made upon receipt for items returned within the specified timescale. Items arriving later than specified and accepted, will be allocated a store credit only.
Store credits are valid for 6 months, this may be extended on request prior to the expiry date.
CANCELLATION
The garments are Tailor made specifically for each purchase and there are conditions regarding Cancellation of a custom made order.
An order can be cancelled within 3 days of purchase/order placement – FULL no quibble refund.
Orders of standard size items cancelled after 5 days a deduction of 50% will be made.
Special Order items, a deduction of 25% of the sale price is deducted if cancelled after the item has been cut.
items are non-refundable after 5 days of order placement.
Shipping costs stated at purchase are ALWAYS refunded in FULL if cancellation occurs prior to dispatch.
Deviation from the above is at the sole discretion of the Seller and dependent upon individual circumstances.Customer will be responsible for all freight and shipping charges on items returned that are not the result of Sellers error.If delivery is refused this will be deemed as a cancellation and the total cost of shipping, re-stock and handling will be deducted from any refund applicable.
If we suspect an order has been placed with fraudulent intentions, the order will be cancelled by us and any money less a 25% fee to cover materials will be returned to the card company.
Customer Acceptance of Late or Defective Merchandise
Customers failure to provide written notice of a claim within 7 days of receipt, as set forth in these Terms and Conditions of Sale, shall constitute a waiver of any claim the Customer may have for damages resulting from such defects.
Prices, Quantities, Styles, Colors
Prices are subject to change without notice. All merchandise will be shipped at the prices in effect at the time of shipping. All orders are subject to availability of suitable material and the seller reserves the right to make suitable substitutions where appropriate.
The use of any material in the manufacture of the garment is at the sole discretion of the Seller and may be changed or substituted at any time without prior notice.The Customer accepts that color(s) displayed by electronic means may not be a true and accurate reflection of the actual garment received and should therefore accept any stated color as “indicative”, near or approximate.
Promotional Codes, Coupons, Discounts
Discounts cannot be combined with any other promotional offer at time of redemption, nor can they be applied to previous purchases or gift certificates.Discount does not apply to tax, shipping and handling, or similar processing charges.Gift Vouchers expire 6 months after date of purchase.
Items promoted as “shipping FREE” or “shipping included” are for completed sales.
In the event a refund/Credit is later requested the original cost of shipping to the customer will be deducted from any refund as the sale is then deemed to be not completed.
DISCLAIMER OF WARRANTIES
SELLER CANNOT GUARANTEE VARIANCES IN COLOR, SHADE, SIZE AND CONSTRUCTION OF MERCHANDISE. SELLER HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED AND EXCLUDED FROM ANY AND ALL TRANSACTIONS BETWEEN CUSTOMER AND SELLER AND SHALL NOT APPLY TO THE MERCHANDISE SOLD BY THE SELLER.LIMITATION ON LIABILITY CUSTOMER ACKNOWLEDGES THAT SELLER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR PERSONAL INJURIES OR DEATH RESULTING FROM USE OR SALE OF THE SELLER’S MERCHANDISE.
No Liability for Outside Vendors Seller shall not be liable for any work performed by any third party vendor referred by Seller and hereby waives any right to assert any claim against the Seller for work performed by any other third party or vendor, including but not limited to claims for negligent referral, agency, or respondent superior.NO GUARANTEE OR WARRANTY IS GIVEN OR IMPLIED AS TO THE SUITABILITY, FITNESS FOR PURPOSE OR USE OF ANY GARMENT OR ANY MATERIAL USED IN THE MAKING OF THE GARMENT.THE BUYER IS TO SATISFY THEMSELVES AS TO THE SUITABILITY AND USE. OF THE PRODUCT.NO LIABILITY IS ACCEPTED FOR ANY DAMAGE OR INJURY HOWSOEVER CAUSED EITHER DIRECTLY OR INDIRECTLY. GARMENT CARE AND USE IS THE SOLE RESPONSIBILITY OF THE PURCHASER. NO LIABILITY IS ACCEPTED FOR ANY DIRECTIONS OR INSTRUCTIONS GIVEN BY ANY THIRD PARTIES.CHARLIE HARPER SHIRTS DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED BY A THIRD-PARTY THROUGH THE SERVICE AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN ANY USERAND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, EACH USER SHOULD USE HIS OR HER BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE
These Terms and Conditions of Sale shall be governed by and interpreted under the law. (without regard to its conflicts of laws principles). If any provision of these Terms and Conditions of Sale is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Use, which shall remain in full force and effect.Customer expressly agrees that exclusive jurisdiction for any dispute with Seller, or in any way relating to these Terms and Conditions of Sale, resides in the courts of the United Kingdom and you further agree and expressly submit to the personal and exclusive jurisdiction of the courts of the United Kingdom in connection with any such dispute including any claim involving the merchandise or Seller or its affiliates, subsidiaries, employees, contractors, officers, directors.Force Majeure Neither Buyer nor Seller shall be liable to the other for delays in performance of its obligation hereunder caused by acts of God, war (declared or undeclared), government regulation, terrorism, disaster, strikes, civil disorder, curtailment of transportation facilities, or similar occurrence beyond the party’s control, making it impossible, illegal, or commercially impracticable for one or both parties to perform its obligations under these Terms and Conditions of Sale, in whole or in part.
International Shipping and requirements
In no case shall Seller be liable for any consequences or damages resulting from any delay in shipment or delivery. Customer agrees not to hold Seller liable for costs/damages or delays in shipments caused by weather conditions, shipping company delays, International Customs clearance issues or any other circumstances beyond Seller’s direct control.
Customs’ brokerage / Import duties/ VAT or any other charges imposed during the delivery process is the Customers sole responsibility
Miscellaneous
These Terms and Conditions of Sale constitute an agreement between Seller and Customer, superseding any prior agreements between Customer and Seller. The failure of Seller to exercise or enforce any right or provision of these Terms and Conditions of Sale shall not constitute a waiver of such right or provision.If you are unable to read this text, are unsure of its content or meaning or require it in another language then please contact us and we will try to help.
WE RESERVE THE RIGHT TO ALTER OR AMEND ANY PART OF THIS DOCUMENT AT ANY TIME WITHOUT PRIOR NOTICE.
© Charlie Harper Shirts - All rights reserved - 2019