1. Title
Title in Goods supplied by In Arcadia, shall pass to the buyer upon payment of the purchase price in full subject to compliance with this agreement. We are In Arcadia, 84 Skinnergate, Darlington, DL3 7LX. You are the buyer detailed on the Order Forms.
Our Agreement to supply the Goods is made on the date we receive cleared funds or deduct payment from your credit card the details of which you provided on the Order Form. Our Agreement includes all correspondence from us to you and the descriptions of the Goods as provided by us on our Website or otherwise.
2. Website representations and descriptions of Goods
Computer monitors and scanners vary in their reproduction of colour. Though we strive for accuracy, all picture colours, products and descriptions of goods displayed should be regarded as approximations.
3. Prices
Orders are subject to acceptance by the company and to availability of goods and will be charged at the prices ruling at the time of acceptance. Delivery costs will be those as quoted at the time of acceptance of the order unless subsequently agreed otherwise by the customer.
The price of the Goods shall be the price quoted by us on our Website on the Order Page, unless agreed otherwise by us in writing. We reserve the right to amend any typographical clerical error or omission to prices where reasonable to do so. The price is inclusive of any payable value added tax (when applicable) in the UK and postage and packaging detailed once delivery services have been chosen.
4. Delivery
Our goods are delivered world-wide by couriers or registered Royal Mail. It is our intention if goods are in stock to deliver to you within 3 working days. If goods are out of stock then we will endeavour to deliver within 30 days. You will be offered 2 choices for delivery:- Standard: orders are picked and packed but not prioritised. Shipping is via Royal Mail Recorded Delivery. Express: your order will be packed and picked as priority items. Shipping is via a courier service chosen by us. All international orders are dispatched this way. In Arcadia are not responsible for bearing the cost of returning goods to us should you require a refund on your original purchase.
5. Making Your Order
You need to search our website for the Goods you desire to purchase using your internet browser and our navigation menu system. Once you have selected the appropriate product(s) and delivery service, complete the Order Form in full and follow the instructions detailed on the Website to complete your payment.
6. Order Fulfilment
You understand that we take care to update the website to accurately reflect our stock levels. However, in circumstances where you have ordered an item that is out of stock at the point of picking, your order will be automatically 'backordered', while we order new stock or await supply. In these circumstances our Customer Services Team will be happy to present you with options. If your goods are out of stock and discontinued so that we are unable to source the goods, we will make every effort to offer you an alternative if possible. If these alternatives are not acceptable, you may cancel your order.
If your chosen products are in stock your Order will be processed as quickly as is reasonable to do so. We will deduct the price payable for your chosen products and delivery services from your nominated credit card or method of payment and your chosen products will be despatched to you forthwith.
You understand that we aim to deliver in stock items to UK customers within 3-5 working days but that this is not always possible due to reasons outside of our control. Should UK Customers not receive their chosen products within 5 to 7 days of us confirming their availability to you, please contact us to let us know. You will then be given the choice of:
Cancelling your order whereupon we will refund the Price you paid or
Requesting that we despatch further products to you (subject to availability)
on the basis that you return one set of the products you receive should you
receive two sets or
Waiting a further agreed time period after which if your chosen products have
not been received the previous two options will be available to you.
7. Correspondence
Our primary method of
communication regarding your order is via electronic mail (e-mail). You
understand that we endeavour to manage the e-mails we receive as effectively
and as efficiently as we can during normal working hours. You should receive
one automated email receipt to confirm your order and that we have taken
payment. In the event of cancellations, refunds or part-refunds, you will also
receive confirmatory emails.
You understand that we make every reasonable effort to contact you by email in
circumstances that reasonably require us to do so. You undertake to enter a
valid email address and to check your emails reasonably frequently until your
order is completed to your satisfaction so that you are aware of any
notifications that may be necessary to provide. Finally, you undertake to
receive at least one email newsletter offering relevant products and discount
information, from which you can automatically unsubscribe by following the
appropriate link at the bottom of the newsletter.
8. Cancellation
It is your right to cancel your order within 7 working days of receiving the Goods. If the cancellation comes about because the goods are not suitable or do not fit then you will need to pay the cost of the return postage if you selected Standard delivery. You are entitled to a refund or an exchange in those circumstances. If the goods are faulty you have the right to request a refund of the return postage as well as a refund or an exchange of the goods. In Arcadia reserve the right to cancel any order at any time.
9. Returns and Dissatisfaction
You may return the Goods to us if you are not satisfied with them provided they are returned in the same condition in which they were sent within 7 working days of your receipt of the Goods.
You may request replacement products, which we will despatch to you (subject to availability) once we receive the original products which were not satisfactory. If In Arcadia has sent you items in error, according to your originally placed order, or if items are faulty or damaged, In Arcadia will refund your return postal costs.
In all other circumstances, In Arcadia reserves the right to recoup postage costs made for exchanged or returned items.
10. Complaints
It is our express intention to deal with you complaints confidentially, fairly and speedily. Please endeavour to let us know of any complaint within 7 working days if at all possible. If you have a complaint or any other query please advise us in the first instance by e-mail to customer.services@in-arcadia.com We will endeavour to advise you what to do to resolve the complaint. We will keep you informed by telephone or e-mail as to what progress is being made in the resolution of the complaint.
11. Age Restrictions
Our web sites are NOT targeted at children. Orders from children under the age of 12 must be made by parental consent. No information will be knowingly held about children below the age of 12. Where we deem our goods should be sold only to persons over the age of 18 (or where the law demands) you will be requested to confirm that you are over 18 or have parental consent. In Arcadia are not responsible for any consequence arising from the sale of age restricted goods if you we have misinformed us about your age or parental consent. This would constitute breach of this Agreement and In Arcadia can demand the return of the goods and charge for any arising costs including reasonable administration costs.
12. Basis of Sale
The terms of this, Our Agreement with You, shall govern our contract to the exclusion of any other terms and conditions. No variation to this Agreement shall be binding unless agreed in writing by us. Any typographical clerical or other error or omission in any sales literature, price list, acceptance of offer, or other document or information issued by us is subject to amendment by us where reasonable in all of the circumstances to do so. You are responsible for ensuring the accuracy of your Order and the details provided in your Order Form. The quantity and description of your chosen products shall be those set out in the Order Form unless we subsequently agree otherwise.
13. Risk and Property
Risk of damage to or loss of your chosen products shall pass to you on delivery of them. Notwithstanding delivery and the passing of risk in your chosen products or any other provision of this Agreement property in your chosen products shall not pass to you until we receive cleared funds payment in full of the price of your chosen products.
14. Warranties
We warrant that you will be
entitled to the benefit of any warranties or guarantee given to you by the
suppliers of your chosen products. This does not affect your statutory rights.
You warrant that the information entered onto the Order Form is true.
Where we sell to you under a consumer transaction (as defined by the Consumer
Transactions (Restrictions on Statements) Order 1976) your statutory rights are
not affected by this Agreement.
15. Non Payment
If you payment is cancelled, withdrawn or otherwise unavailable to us after the dispatch of the goods we are entitled to reclaim the goods and charge you for this process. This includes administration charges any interest charges.
16. Return ‘As New’
All items for which you request a refund or replacement must be returned to us ‘as new’. Please note, for example that a corset which has been tightly laced can not be returned ‘as new’.
17. Force Majeure
We shall not be liable to you or be deemed to be in breach of this Agreement by reason of any delay in performing or any failure to perform any of our obligations if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond reasonable control:
18. General
If any provision of this
Agreement is held by any competent authority to be invalid or unenforceable in
whole or in part the validity of the other provisions of this Agreement and the
remainder of the provision in question shall not be affected thereby.
The Contract shall be governed by the laws of the United Kingdom.
19. Whole Agreement
The terms and conditions set out in this Agreement represents the entire Agreement.