Terms & Conditions
If you purchase goods from our site, our Terms and conditions of supply will apply to the sales.
Changes to our site
We may update our site from time to time and may change the content at any time, this includes product prices. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our site, or any content on it, will be free from errors or omissions.
Accessing our site
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site.
Your account and password
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, campaign images, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged. You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors.
No reliance on information
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
Limitation of our liability
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- Use of, or inability to use our site; or
- Use of or reliance on any content displayed on our site.
If you are a business user, please note that in particular, we will not be liable for:
- Loss of profits, sales, business, or revenue;
- Business interruption;
- Loss of anticipated savings;
- Loss of business opportunity, goodwill or reputation; or
- Any indirect or consequential loss or damage.
You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
The goods are at your risk from the time of delivery. Delivery takes place either: at our premises (if you are collecting them or arranging carriage); or at your premises or address specified by you (if we are arranging carriage). Once the designated courier has confirmed delivery we do not accept any liability for issues with delivery including (but not limited to): parcel delivered to a neighbour, parcel theft, loss of parcel, claims that the parcel was not delivered. From the point of delivery confirmation from the designated courier, the goods are the responsibility of the customer.
Please note that as a result of COVID-19 couriers may deliver your goods in a safe and socially distanced manner.
You must inspect the goods on delivery. If any goods are damaged or not delivered, you must write to tell us within seven days of delivery or the expected delivery time. You must give us (and any carrier) a fair chance to inspect the damaged goods.
If you fail to pay us in full on the due date we may: suspend or cancel future deliveries; cancel any discount offered to you; charge you interest at the rate set under s.6 of the Late Payment of Commercial Debts (Interest) Act 1998 calculated (on a daily basis) from the date of our invoice until payment before and after any judgment (unless a court orders otherwise); claim fixed sum compensation from you under s.5A of that Act to cover our credit control overhead costs; and recover (under clause 4.7) the cost of taking legal action to make you pay.
You do not have the right to set off any money you may claim from us against anything you may owe us. While you owe money to us, we have a lien on any of your property in our possession.
You are to indemnify us in full and hold us harmless from all expenses and liabilities we may incur (directly or indirectly including financing costs, including legal costs on a full indemnity basis and the cost of instructing a debt recovery agency to recover a debt due to us if any) following any breach by you of any of your obligations under these terms.
Until you pay all debts you may owe us: all goods supplied by us remain our property; you must store them so that they are clearly identifiable as our property; you must insure them (against the risks for which a prudent owner would insure them) and hold the policy on trust for us; you may use those goods and sell them in the ordinary course of your business, but not if: we revoke that right (by informing you in writing); or you become insolvent. You must inform us (in writing) immediately if you become insolvent. If your right to use and sell the goods ends you must allow us to remove the goods. We have your permission to enter any premises where the goods may be stored: at any time, to inspect them; and after your right to use and sell them has ended, to remove them, using reasonable force if necessary. Despite our retention of title to the goods, we have the right to take legal proceedings to recover the price of goods supplied should you not pay us by the due date.
You are not our agent. You have no authority to make any contract on our behalf or in our name.
We warrant that the goods: comply with their description on the invoice; and are free from material defect at the time of delivery only if both below conditions (1) and (2) are met:
(1) If any goods are damaged or not delivered, you must write to tell us within seven days of delivery or the expected delivery time.
(2) You must give us (and any carrier) a fair chance to inspect the damaged goods.).
We give no other warranty (and exclude any warranty, term or condition that would otherwise be implied) as to the quality of the goods or their fitness for any purpose.
If you believe that we have delivered goods that are defective in materials or workmanship, you must: inform us, with full details, as soon as possible; and allow us to investigate.
If the goods are found to be defective in material or workmanship (following our investigations), and you have complied with those conditions (1) and (2) in full, we will (at our option) replace the goods or issue a credit note.
We are not liable for any other loss or damage arising from the contract or the supply of goods or their use, even if we are negligent, including (as examples only);
direct financial loss, loss of profits or loss of use; and
indirect or consequential loss
Our total liability to you (from one single cause) for damage to property caused by our negligence is limited to £10,000.
For all other liabilities not referred to elsewhere in these terms our liability is limited in damages to the price of the goods.
Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site on any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the homepage.
We reserve the right to withdraw linking permission without notice.
If you wish to make any use of content on our site other than that set out above, please contact firstname.lastname@example.org
VAT and Duty
The price quoted excludes VAT (unless otherwise stated). VAT will be charged at the rate applying at the time of delivery.
Rates of tax and duties on the goods will be those applying at the time of delivery.
If you are buying goods from our site outside the UK or EU, you will not have to pay VAT. You do need to be aware that there may be import fees or duty charges for the goods you purchase from our store. Those will be paid locally when you pick up your item and will not be charged to you by us.
The ‘Incoterms’ of the International Chamber of Commerce which are in force at the time when the contract is made apply to exports, but these terms prevail to the extent that there is any inconsistency.
Unless otherwise agreed, the goods are supplied ex works our place of manufacture.
Where the goods are to be sent by us to you by a route including sea transport we are under no obligation to give a notice under section 32(3) of the Sale of Goods Act 1979.
You are responsible for arranging testing and inspection of the goods at our premises before shipment (unless otherwise agreed). We are not liable for any defect in the goods which would be apparent on inspection unless a claim is made before shipment. We are not liable for any damage during transit.
We are not liable for death or personal injury arising from the use of the goods delivered in the territory of another State (within the meaning of s.26 (3) (b) Unfair Contract Terms Act 1977).
If the order is cancelled (for any reason) you are then to pay us for all stock (finished or unfinished) that we may then hold (or to which we are committed) for the order.
We may suspend or cancel the order, by written notice if: you fail to pay us any money when due (under the order or otherwise); you become insolvent; you fail to honour your obligations under these terms.
Waiver and variations
Any waiver or variation of these terms is binding in honour only unless: made (or recorded) in writing; signed on behalf of each party; and expressly stating an intention to vary these terms.
All orders that you place with us will be on these terms (or any that we may issue to replace them). By placing an order with us, you are expressly waiving any printed terms you may have to the extent that they are inconsistent with our terms.
In the event that you wish to vary the terms of your order, and subject to our written approval to such variation, we shall reserve the right to charge such additional fees as may be required to implement the adjusted order.
If we are unable to perform our obligations to you (or able to perform them only at unreasonable cost) because of circumstances beyond our control, we may cancel or suspend any of our obligations to you, without liability.
Examples of those circumstances include act of God, accident, explosion, war, terrorism, fire, flood, transport delays, strikes and other industrial disputes and difficulty in obtaining supplies.
If you are more than one person, each of you has joint and several obligations under these terms.
If any of these terms are unenforceable as drafted: it will not affect the enforceability of any other of these terms; and if it would be enforceable if amended, it will be treated as so amended.
We may treat you as insolvent if: you are unable to pay your debts as they fall due; or you (or any item of your property) become the subject of: any formal insolvency procedure (examples of which include receivership, liquidation, administration, voluntary arrangements (including a moratorium) or bankruptcy); any application or proposal for any formal insolvency procedure; or any application, procedure or proposal overseas with similar effect or purpose.
All brochures, catalogues and other promotional materials are to be treated as illustrative only. Their contents form no part of any contract between us and you should not rely on them in entering into any contract with us.
Any notice by either of us which is to be served under these terms may be served by leaving it at or by delivering it to (by first class post or by fax) the other’s registered office or principal place of business. All such notices must be signed.
No contract will create any right enforceable (by virtue of the Contracts (Rights of Third Parties) Act 1999) by any person not identified as the buyer or seller.
The only statements upon which you may rely in making the contract with us, are those made in writing by someone who is our authorized representative and either:
contained in our estimate (or any covering letter) and not withdrawn before the contract is made; or which expressly state that you may rely on them when entering into the contract.
Please note that we may transfer personal information about you to those we may appoint to administer your account or recover amounts owing. That may include, for example, passing information about you to our insurers, debt recovery agents and solicitors, if you fail to pay us.
All model photography on site was taken by Manchester Photography Studio Limited. Images are the shared ownership of both Kult Fashion Limited and Manchester Photography Studio Limited.