1 Definitions
1.1 "Conditions" means the conditions of sale set out in this document and any special or additional conditions agreed in writing by us.
1.2 "Goods" means the goods (including any instalment of goods or any parts for them) which we supply in accordance with these Conditions.
1.3 "We" and "us" means Blue Sky Blue Clothing Limited
1.4 "Writing" includes faxes, emails and other comparable means of communication
1.5 "You" means the consumer who accepts a quotation from us or whose order for the Goods is accepted by us.
2 Conditions
2.1 We intend to rely on these written terms and conditions set out here and they shall apply to all contracts for sale of Goods by us to you. Neither of us can alter the terms of this agreement without the express agreement of the other.
2.2 We shall be entitled to correct any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us or information on the website provided the correction does not materially affect the contract. If such a change does materially affect the contract, both of us have the option to withdraw from the contract. In such circumstances, the contract shall be treated as not having been entered into.
2.3 The views and opinions expressed in any sales literature or on our website are the views of the contributors and should not be taken necessarily as fact. Due to the amount of information in our sales literature and on our website, you must confirm all information that you are relying on when you order Goods.
2.4 No contract for the sale of Goods will arise until we despatch the Goods to you
2.5 Acceptance of delivery of Goods shall be deemed conclusive evidence of your acceptance of these Conditions.
3 The Ordering Process and Prices
3.1 The price for the Goods shall be that as published by us from time to time or as otherwise agreed by us and you should confirm prices at the time of ordering. All prices are subject to availability.
3.2 When you place your order, please note that we shall acknowledge receipt of your order in writing. However this is not an acceptance of your order.
3.3 The final price for the ordered Goods shall be confirmed to you in writing when we accept your order and shall include charges for packing, postage and carriage.
4 Payment
4.1 Payment must be made in advance, in full and in cleared funds before we despatch the Goods to you.
4.2 You can pay by cheque, credit card or debit card within our stated methods of payment as published from time to time.
4.3 Receipts for payment shall be issued only on request.
5 Security of Transaction
5.1 BlueSkyBlue offers a secure website. The security of your credit card is of the up most importance to us and we take the following precautions to ensure that your details are safe:
We use SSL encryption to ensure that no one can read your credit card number whilst you write it.
We use EPDQ to accept your credit card information
Your credit card details are NOT stored.
5.2 Using E-commerce is as safe as using your credit card in a shop, however if you are worried about buying online you can place your order by telephone
6 Delivery
6.1 We shall endeavour to deliver the Goods within 30 days from receiving your order and every reasonable effort shall be made to keep to any estimated delivery date. If we are unable to do this, we shall contact you within this 30 day period to agree a new delivery date. If you do not agree to a new delivery date, this contract shall be treated as if it had not been entered into by either of us. We shall reimburse any monies paid by you within 30 days from the end of the original delivery date.
6.2 Where we fail to meet any estimated delivery time, from unforeseen demand, discontinued products or any other such matter outside our control, we shall not be liable for any direct or indirect losses, costs, damages or expenses incurred by you or any other person.
6.3 We may deliver the Goods in advance of the quoted delivery date.
6.4 A carrier’s first attempt to deliver shall be considered as the delivery date.
6.5 We may deliver the items comprising one order by instalments however delivery shall not occur until the final item that you ordered has been delivered to you. This clause shall not apply if you have ordered Goods in several different contracts such that the deliveries are due at different times.
6.6 We shall deliver goods to your address and you shall make arrangements necessary to take delivery of the Goods whenever they are offered for delivery.
6.7 If you fail to take delivery of the Goods or fail to give us adequate delivery instructions at the time stated for delivery then, in addition to any other rights that we may have, we shall store the Goods until actual delivery and may charge you for the reasonable costs (including insurance) of storage.
6.8 We shall decide upon the best method for delivering the Goods.
6.9 Our delivery charges, delivery insurance charges and the timing of all deliveries shall be as published from time to time and shall be confirmed to you when we accept your order. Any promotional offers in respect of delivery charges shall only apply to UK mainland and Northern Ireland.
7 Ownership and Risk
7.1 The risk in Goods shall pass to you upon delivery of the Goods at which time you shall become responsible for their safekeeping and you should therefore make sure that you are adequately insured against any damage or loss which may affect those Goods.
7.2 We are the owners of the Goods until we have been paid in full by cleared funds for such Goods.
8 Chargebacks
8.1 If at any time any payments made for Goods by credit card are reversed by the credit card company ("a chargeback"), whether the credit card company acted on your instructions or not, please note that the legal ownership of the Goods shall pass back to us. You shall then hold the Goods as our agent and shall account to us for the value of the Goods. In such a situation, you are instructed to keep the Goods separate from your and any third party goods and ensure that they are properly stored, protected and insured and identified as our property.
8.2 In addition to any other rights we may have in these circumstances, we may upon by giving 7 days notice require you to return or deliver up the Goods to us, at the expiry of which, we shall take legal proceedings to recover the goods or their value.
8.3 If a chargeback has been made, please note that that you shall not be entitled to pledge or in any way charge by way of security for any of your indebtedness any of the Goods which remain our property.
9 Warranties and Liabilities
9.1 We warrant that the Goods will at the time of delivery correspond to the description we have given.
9.2 We shall not be responsible for any defect arising in the Goods arising from any drawing, design or specification supplied by you; and/or fair wear and tear; and/or wilful damage by you or a third party; and/or abnormal working conditions; and/or your failure to follow our instructions (whether oral or in writing); and/or the alteration or repair of the Goods without our written approval.
9.3 We shall be under no liability under any warranties unless and until you have paid the total price for the Goods.
9.4 We shall not be liable under these Conditions for any loss or damage caused by us in circumstances where a) matters were outside our reasonable control, or b) you failed to provide us with relevant information that would have had an impact on our actions, or c) where there is no breach of a legal duty of care owed to you by us or by any of our employees or agents, or d) any loss or damage suffered by you is not a reasonably foreseeable result of any such breach by us, or e) the increase in loss or damage suffered by you resulted from the breach by you of a term of these Conditions.
10 Cancellations
10.1 You have 7 working days from the day after the date of receipt of the Goods to cancel your order by giving notice in writing to us.
10.2 The effective date of cancellation is the date on which the notice is sent.
10.3 If you fail to return the Goods to us within 7 days of the date of cancellation, we shall be entitled to recover the Goods and deduct the cost of so doing from any monies owed to you.
10.4 We shall refund any monies paid by you as soon as reasonably possible but in any event no later than 30 days from the date the notice of cancellation was given. The refund shall be made by the same method as payment.
10.5 You shall be liable for the cost of returning the Goods to us if you cancel your order.
11 The Procedure for Returns/Cancellations/Replacements
11.1 You are asked to examine the Goods and tell us about any fault or damage or any failure of the Goods to correspond to specification within 7 days after delivery of the Goods.
11.2 When you return any such Goods then you must obtain a Goods return authorisation number from us for each and every return so that we are able to process your return. The number must be clearly shown on each returned parcel. The Goods must be returned in the original packaging.
11.3 We shall deduct a reasonable amount from any prepayments that you have made in relation to any such returned Goods to prepare them for resale if they have not been returned in accordance with clause 11.2.
11.4 You should preserve any Goods in respect of which any claim of defect or damage is made by you and we may ask you to retain the Goods for a reasonable period to enable us or our agents to inspect the Goods; or allow us to collect the Goods if they are defective.
11.5 You shall be responsible for any loss or damage caused to returned Goods where such damage has been caused by your negligence or poor packing.
11.6 Where any valid claim made by you in respect of any of the Goods which is based on any defect in the quality or conditions of the Goods or our failure to meet specification is notified to us in accordance with these conditions, we shall be entitled to replace the Goods (or any part thereof) free of charge or refund to you the price of the Goods (or a proportionate part of the price), but we shall have no further liability to you.
12 Customer Service
12.1 We shall make every reasonable effort to resolve or acknowledge by post, telephone or email any queries which you have made within 48 hours of receipt of any such query.
12.2 We shall make every reasonable endeavour to respond to complaints within 5 working days and keep you reasonably notified of any progress thereafter.
13 Trademarks
13.1 Both of us acknowledge the intellectual property rights of suppliers and manufacturers of the products appearing in our sales literature and on our website.
14 Force Majeure
14.1 We shall not be liable to you if we have delayed or failed to perform any of our obligations under this contract in respect of the Goods if the delay or failure was due to circumstances outside our reasonable control.:
14.2 If we are unable to provide you with your Goods within a reasonable time, we shall either agree a new timescale with you for the delivery of the Goods or either of us may decide to terminate the contract in which case we will return any prepayments that you have made in full.
15 Privacy
15.1 We do not share information. If you do not wish to receive marketing-related information from us, you may opt-out at any time by advising us in writing
16 Contracts (Rights of Third Parties) Act 1999
16.1 No third party shall be allowed to enforce any rights under this contract.
17 No Waiver
17.1 We shall be entitled to enforce all of our rights under these Conditions at any time even if we do not immediately enforce them or do not enforce them when we first become entitled to do so.
18 Assignment
18.1 You must not transfer any contract made with us under these Conditions, as it is personal to you, without written authority from us. This authority will not be refused without good reason.
19 Notice
19.1 Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving notice.
19.2 Notices shall be delivered personally or sent by first class prepaid recorded delivery of by registered post or fax and shall be deemed to be given in the case of delivery personally on delivery and in the case of posting the day on which it was posted and in the case of a fax, on completion of the transmission provided that the sender shall have received printed confirmation of transmission.
