16th November 2013
1.1 This document (together with any documents referred to in it) tells you the terms and conditions upon which we sell and supply the goods (the 'Goods') listed on this website (the 'Website') to you.
1.2 Before confirming your order please:
1.2.1 Read through these terms and conditions (the 'Conditions') and in particular our cancellations and returns policy at clause 6 and limitation of our liability and your indemnity at clause 14
1.3 By using this Website, you agree to be legally bound by these Conditions which may be modified or amended and posted on this Website from time to time.
1.4 We reserve the right to revise and amend the Website, our disclaimers and the Conditions at any time without notice to you. Your continued use of the Website (or any part thereof) following a change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether we have changed these Conditions.
2. About Us
2.1 This Website is owned and operated by ROGUE CITY LTD ('we'/'us'/'our'), a limited company (trading as ROGUE CITY), registered in England and Wales under company number: 8628459 having our registered office at 15 Oak Avenue, Hounslow, Middlesex, TW59EB.
3. Product Information
3.1 Every effort has been made to accurately display our products with the correct product information and colour, however we cannot guarantee the accuracy of the colours of products when delivered as each monitor display differs.
3.2 All sizes and measurements are approximate. We do try to make sure they are as accurate as possible. Please note that sizes may differ between certain brands.
3.3 Please note products are subject to availability.
4. Terms of Sale
4.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.
4.2 Our acceptance of an order takes place when we despatch the order. We will send you a despatch confirmation by email. When we despatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.
4.3 We may refuse to accept an order: (a) where goods are not available; (b) where we are unable to obtain authorisation for your payment; (c) if there has been a pricing or product description error; or (d) if you do not meet any eligibility criteria set out in our terms and conditions.
4.4 When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.
5.1 Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays for which we will not be responsible. Please see our Delivery & Returns Policy for further information.
5.2 We shall not be liable for any delay in delivering the Goods, however caused including delays or failures in delivery or performance of our obligations to you resulting from any act, events, omissions, failures or accidents that are outside of our control ('Force Majeure').
5.3 We employ professional carriers. Nevertheless, you must examine the Goods on arrival. If you are asked for your signature on delivery, you must examine the Goods before signing for it.
6. Returns/Cancelling an Order
6.2 We are happy to offer a refund if the Goods are returned and we deem it to be unworn, in perfect condition and with original packaging and tags. The Goods must be returned to us in the same condition in which you received them until such time as the Goods are either collected by us or delivered back to us by you. You must return the Goods with its original packaging and the original invoice. You have a legal obligation to take reasonable care of the Goods whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
6.3 Please note we do not accept any returns relating to pierced jewellery, tights and swimwear due to hygiene reasons, unless they are faulty.
6.4 The cost of returning a product is borne by you the customer.
6.5 Your Right To Cancel. You may cancel your order, once it has been accepted by us, for any reason up to the point of dispatch. If you do cancel within this time, any payments you have made will be fully refunded within 30 days.
7.1 ROGUE CITY will only exchange an item for the same item in a different size, subject to availability, if a different garment is desired you must place this as a new order. All exchanges must be received within 14 days of delivery. The cost of returning goods is your responsibility.
7.3 Please send your returns that you have bought on the website to the address stated on the invoice. For more information on returning products to ROGUE CITY see the Delivery & Returns Policy.
8. Pricing Policy
8.1 The prices of the Goods are quoted on the Website.
8.2 Prices for delivery are quoted for delivery in the United Kingdom unless otherwise specified.
8.3 Unless otherwise stated, the prices quoted exclude VAT (we are not VAT registered) and delivery costs. The delivery costs will be added to the total amount due from you at their current rate. Details of our delivery charges can be located on our Website.
8.4 Our prices are reviewed periodically. Any prices shown on the website are current for the product at that time and are subject to change without notice.
9. Offers & Promotions
9.1 ROGUE CITY reserves the rights to modify, alter, terminate or discontinue any promotions at any time for any reason whatsoever without notice.
9.2 Please note, only one promotional code can be applied to an order at any one time.
9.3 Any promotions relating to delivery discounts will be valid on the initial order but may not be valid on any subsequent related orders (such as returns and exchanges).
10.1 We accept the following payments which are all processed through the Paypal website:
10.2 At checkout you will be directed to the Paypal website and can pay either via your Paypal account or use their guest check out facility and enter your credit or debit card details.
10.3 By placing an order, you consent to payment being charged to your debit/credit card account or electronic payment account.
10.4 Please visit www.paypal.com for more information on PayPal payments.
11. Ownership of Rights
11.1 The content of the Website is protected by copyright (including design copyrights), trade marks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, the style or presentation of the goods or services, creations, confidential information, know-how and any research effort relating to ROGUE CITY LTD (trading as ROGUE CITY), moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world) and you acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.
11.2 You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.
11.3 You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
11.4 You acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.
11.5 No licence is granted to you in these Conditions to use any of our trade marks or those of our affiliated companies.
11.6 Goods sold by us and Website content may be subject to copyright, trade mark or other intellectual property rights in favour of third parties. We acknowledge those rights.
12. Visitor Material and Conduct
12.2 You are prohibited from posting or transmitting to or from this Website any material: (a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; (b) for which you have not obtained all necessary licenses and/or approvals; (c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or (d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
12.3 You may not misuse the Website (including, without limitation, by hacking).
12.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 10.2 or 10.3.
13.1 When registering on the Website you must choose a username and password. You are responsible for all actions taken under your chosen username and password.
13.2 By registering on the Website you undertake:
13.2.1 That all the details you provide to us for the purpose of registering on the Website and purchasing the Goods are true, accurate, current and complete in all respects
13.2.2 To notify us immediately of any changes to the information provided on registration or to your personal information
13.2.3 That you are over 18 or if under 18 you have a parent or guardian's permission to register with and purchase the Goods from this Website in conjunction with and under their supervision
13.2.4 To only use the Website using your own username and password
13.2.5 To make every effort to keep your password safe
13.2.6 Not to disclose your password to anyone
13.2.7 To change your password immediately upon discovering that it has been compromised
13.2.8 To neither transfer or sell your username or password to anyone, nor permit, either directly or indirectly, anyone other than you to use them
13.3 You authorise us to transmit your name, address and other personal information supplied by you (including updated information) to obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity.
13.4 We reserve the right to terminate an agreement formed with you and to suspend or terminate your access to the Website immediately and without notice to you if:
13.4.1 You fail to make any payment to us when due
13.4.2 You breach these Conditions (repeatedly or otherwise)
13.4.3 You are impersonating any other person or entity
13.4.4 When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity
13.4.5 We suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity on the Website
13.5 To be eligible to purchase the Goods on this Website and lawfully enter into and form contracts with us, you must:
13.5.1 Be 18 years of age or over
13.5.2 Be legally capable of entering into a binding contract
13.5.3 Provide full details of a delivery address in the United Kingdom
13.6 If you are under 18, you may only use the Website in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, you must not use our Website.
14. Disclaimer of Liability
14.1 Notwithstanding any other provision in the Conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for:
14.1.1 Death or personal injury resulting from our negligence
14.1.2 Fraud or fraudulent misrepresentation
14.1.3 Action pursuant to section 2(3) of the Consumer Protection Act 1987
14.1.4 Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability
14.2 The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Conditions or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.
14.3 We will not be liable if the Website is unavailable at any time.
14.4 We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.
14.5 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 of any kind for any loss or damage resulting from action taken in reliance on material or information contained on the Website.
14.6 We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.
14.7 We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so.
14.8 We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent misrepresentations) or otherwise for:
14.8.1 any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings and any other consequential loss); or
14.8.2 any loss of goodwill or reputation; or
14.8.3 any special or indirect losses; or
14.8.4 any loss of data; or
14.8.5 wasted management or office time; or
14.8.6 any other loss or damage of any kind suffered or incurred arising out of or in connection with the provision of any matter under these Conditions and/or the Contract and/or the use of this Website or any aspect related to your purchase of the Goods even if such losses are foreseeable or result from a deliberate breach of these Conditions by us that would entitle you to terminate the Contract between us or as a result of any action we have taken in response to your breach of these Conditions. Without prejudice to the terms of this clause and in the event that we are unable to rely upon it, our liability for all and any losses you suffer as a result of us breaking the Contract, whether or not deliberate, is strictly limited to the purchase price of the Goods you purchased.
14.9 You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.
14.10 This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.
15. Linking to Website
15.1 You must not create a link to the Website from another website, document or any other source without first obtaining our prior written consent.
15.2 Any agreed link must be:
15.2.1 To the Website's homepage
15.2.2 Established from a website or document that is owned by you and does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the UK and the law in any country from which they are hosted
15.2.3 Provided in such a way that is fair and legal and does not damage our reputation or take advantage of it
15.2.4 Established in such a way that does not suggest any form of association, approval or endorsement on our part where none exists
15.3 We have no obligation to inform you if the address of the Website home page changes and it is your responsibility to ensure that any link you provide to our homepage is at all times accurate.
15.4 We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice you must immediately remove the link and inform us once this has been done.
16. Governing Law and Jurisdiction
16.1 The Website is controlled and operated in the United Kingdom.
16.2 Every purchase you make shall be deemed performed in England.
16.3 These terms and conditions are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.