Terms & Conditions
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of $(CompanyNameLegal). The collective work includes works that are licensed to $(CompanyNameLegal). Copyright 2003, $(CompanyNameLegal) ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with $(CompanyNameLegal) or purchasing $(CompanyNameLegal) products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with $(CompanyNameLegal) or to purchase $(CompanyNameLegal) products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by $(CompanyNameLegal). You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of $(CompanyNameLegal) used in the site are trademarks or registered trademarks of $(CompanyNameLegal)
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, $(CompanyNameLegal) disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. $(CompanyNameLegal) does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. $(CompanyNameLegal) does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
$(CompanyNameLegal) shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if $(CompanyNameLegal) has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a $(CompanyNameLegal) product is mistakenly listed at an incorrect price, $(CompanyNameLegal) reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. $(CompanyNameLegal) reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, $(CompanyNameLegal) shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by $(CompanyNameLegal) without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
$(CompanyNameLegal) may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to $(CompanyNameLegal).
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of $(CompanyNameLegal) products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of $(CompanyNameLegal) products) must be commenced within one (1) year after the claim or cause of action arises. $(CompanyNameLegal)'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. $(CompanyNameLegal) may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a $(CompanyNameLegal) or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
$(CompanyNameLegal) does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, $(CompanyNameLegal) is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, $(CompanyNameLegal) reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to $(CompanyNameLegal) in its sole discretion.
You agree to indemnify, defend, and hold harmless $(CompanyNameLegal), its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, $(CompanyNameLegal) may link to sites operated by third parties. However, even if the third party is affiliated with $(CompanyNameLegal), $(CompanyNameLegal) has no control over these linked sites, all of which have separate privacy and data collection practices, independent of $(CompanyNameLegal). These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, $(CompanyNameLegal) seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Terms and Conditions of Sale
These terms and conditions apply to all orders and supersede all others. Receipt of acknowledgement of order by you, constitutes your acceptance that our conditions are the only conditions that apply to the contract notwithstanding any purported terms put forward by you. This agreement shall be governed by English Law.
All goods will be supplied against a proforma invoice unless a credit account form has been filled in and received by Kate�s Clothing Ltd. An account will be opened solely at the discretion of Kate�s Clothing Ltd after acceptance of two (2) trade references. Payment is to be made within 30 days from the date of the invoice. We understand and may exercise our statutory right of Interest Under the Late Payment of Commercial Debts Act 1998 if we are not paid according to our credit terms.
Any discounts are offered on the strict understanding that accounts are paid by due date. We reserve the right to invoice any such discounts to accounts which become overdue.
Minimum Order Value: We ask that the first order from any customer reaches a minimum value of £300, excluding shipping and VAT. After this initial order minimum order value will drop to £100 per order before VAT and shipping costs are added.
PASSING OF TITLE AND RISK
The risk in the goods shall pass to you on delivery.
All goods delivered or not, remain the property of Kate�s Clothing Ltd until payment is received in full.
Until such time as payment in full is made you shall retain such goods separately from other goods and clearly mark them in such a way that they can be readily identified as being our property and any payment received by you for any sale of such goods must be held in a separate account in trust for us. In the event of non-payment by you for goods we will, without loss of any rights or remedy, remove from your possession those goods belonging to us in accordance with these conditions and we shall be entitled to enter upon the property where the goods are stored and repossess and remove the same. You hereby grant us irrevocable license to enter your premises for the said purposes.
We reserve the right to alter any details or design of products illustrated without notice and while every effort is made to describe goods accurately no warranty is given as to accuracy and no responsibility will be accepted for error or mis-description and any resulting loss.
QUOTATIONS AND CONTRACT
Orders are accepted subject to our right to adjust prices quoted to take account of any changes in the law or government regulations requiring us to increase prices by way of direct taxation, import duties, customs and excise duties or otherwise. The prices are based on today�s current costs of production and in the event of any increase in wages or costs of materials to us occurring after the confirmation or accepted contract, we shall be entitled to charge such increases to you.
Where applicable all prices quoted are subject to V.A.T at the current rate.
Every effort will be made to deliver on time, but any delivery day specified is a best estimate and no liability is accepted for any loss arising from delay or error in the delivery of the goods. All deliveries will be charged at the prevailing rates applying at the date of such delivery.
Claims arising from damages, delay or partial loss in transit must be made in writing to us, so as to reach us within 5 days
All Claims with regard to the quality or quantity of the goods shall be made in writing to us, so as to reach us within 5 days of receipt of goods, if no claim is made within 5 days of receipt, the goods shall be deemed to comply as to quality and quantity, with the terms of the contract.
You must examine all goods delivered at the time of delivery. We shall not be liable for any loss arising from damage caused to the goods in transit unless loss or damage is noted on the delivery note at the time of delivery
Claims in respect of non-delivery must be made in writing so as to reach us within 5 days from receipt of our invoice.
Save in so far as defects in the goods cause death, injury or damage to personal property, our liability for any loss or damage suffered by you in respect of the goods shall be limited to the contract value of the goods.
We can accept no responsibility for loss or damage arising from the supply of goods under this contract unless you have fully complied with notification of claims procedure set out in clause 9.
Nothing in these terms and conditions shall affect the right of a consumer.
A charge will be made on all cancelled orders, together with the charge for all work carried out to the date of written cancellation.
No goods will be delivered on accounts, which remain unpaid 14 days after payment is due. Interest will be charged on overdue accounts, at the rate of 5 % above the Bank of England base rate from time to time from the date the account became due until payment is received. This does not prevent us from pursuing payment of overdue accounts at any time after payment becomes due and shall be in addition to and without prejudice to any other rights we may have against you.
We reserve the right to charge you for any legal or collection charges where it is necessary to obtain payment from you of an overdue account through a third party or court proceedings.
QUANTITY CHANGES TO ORDERS
Any changes in quatity ordered must be made in writing to us prior to despatch.
We will not be held responsible for failure or delay in the carrying out of our obligations under the contract arising out of any cause outside our reasonable control or by inability to procure materials or articles except at higher prices due any such cause and in such cause and in such circumstances we shall be entitled by notice to terminate the contract in whole or in part without incurring any liability whatsoever to you.