TERMS AND CONDITIONS FOR BUYERS

This page (together with the documents referred to on it) tells you the terms and conditions on which we (High Fashion House Limited, trading as High Fashion Society) supply any of the products (Products) listed on our website www.highfashionsociety.com (our site) to you. By ordering any Products, you agree to be bound by these terms and conditions (Terms).

Please click on the button marked "I Accept" at the end of these Terms if you accept them. Please understand that if you refuse to accept these Terms, you will not be able to order any Products from our site.

 

1. INFORMATION ABOUT US
1.1 www.highfashionsociety.com is a site operated by High Fashion House Limited trading as High Fashion Society (we). We are registered in England and Wales under company number 07339372. Our registered office and main trading address is 34 South Molton Street, London W1K 5RG.
1.2 We are not currently registered for VAT.

 

2. HOW THE CONTRACT IS FORMED
2.1 By placing an order through our site, you warrant that you are legally capable of entering into binding contracts and you are at least 18 years old.
2.2 After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to buy a Product. All orders are subject to acceptance, and we will confirm such acceptance to you by sending you an email that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract (Contract) will only be formed when we send you the Dispatch Confirmation.
2.3 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

 

3. OUR STATUS
3.1 Please note that we accept orders as agents on behalf of third party sellers and not as the principal, subject to these Terms. You acknowledge therefore that we act as an agent for an unnamed principal.
3.2 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from companies to whose website we have provided a link on our site will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.

 

4. CONSUMER RIGHTS
4.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 8 below).
4.2 To cancel a Contract, you must inform us in writing. You must also return the unused Product(s) to us immediately, in the same condition in which you received them and in the same packaging, and at your own cost and risk. You must send them by courier or other form of secure and insured carriage. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
4.3 Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.

 

5. AVAILABILITY AND DELIVERY
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances. We use trusted couriers to deliver our Products. It is your responsibility to rearrange delivery with the courier if you are unavailable at no additional cost to us.

 

6. RISK AND TITLE
6.1 The Products will be at your risk from the time of delivery.
6.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

 

7. PRICE AND PAYMENT
7.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
7.2 These prices include VAT, if applicable, but exclude delivery costs, which will be added to the total amount due.
7.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
7.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
7.5 High Fashion Society is under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
7.6 Payment for all Products must be by credit or debit card. We will not charge your credit or debit card until we dispatch your order. We will not dispatch any orders unless your credit or debit card payment has been authorised by the relevant card merchant.

 

8. OUR REFUNDS POLICY
8.1 When you return a Product to High Fashion Society:
(a) because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 4.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product only and not the cost of sending the item to you. You will be responsible for the cost of returning the item to us unused and in the same condition as you received it and in its original packaging with High Fashion Society swing tags and stickers still attached. We must receive your return within 5 working days of the return being accepted.
(b) for any other reason (for instance, because you claim that the Product is defective), we will examine the returned Product and, where you have a valid claim, will notify you of your refund via e-mail within a reasonable period of time, usually within 30 days.
8.2 We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
8.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

 

Click here for further information on returning orders. 

 

9. OUR LIABILITY
9.1 As the Products are usually pre-owned, all are sold on an 'as seen' basis, based upon the descriptions and images appearing on our website. You acknowledge, however, that such Products may show signs of wear and usage, as is typical of pre-owned items.
9.2 We do take every reasonable step to verify authenticity of Products, but if they are later found to be counterfeit or 'fake' items we will refund the purchase price to you. We shall use all reasonable efforts to provide descriptions on our Websites of any flaws, stains or damage affecting any Products, to the extent that they are reasonably apparent upon our inspection.
9.3 Our liability for losses you suffer as a result of this agreement is strictly limited to the purchase price of the Products you purchased.
9.4 This does not include or limit in any way our liability:
(a) for death or personal injury caused by our negligence;
(b) for fraud or fraudulent misrepresentation; or
(c) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
9.5 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data;
(f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.

 

10. IMPORT DUTY
10.1 If you order Products from our site for delivery outside the UK, shipping costs are extra (unless we have agreed otherwise in writing). The Products may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
10.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

 

11. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our High Fashion Society site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

12.Notices

All notices given by you to us must be given to High Fashion House Limited at info@highfashionsociety.com   We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in clause 11 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

 

13. TRANSFER OF RIGHTS AND OBLIGATIONS
13.1 The Contract is binding on our respective successors and assigns.
13.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

 

14. EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks;
(f) the acts, decrees, legislation, regulations or restrictions of any government.
14.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

 

15. WAIVER
15.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3 No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

 

16. SEVERABILITY
If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

 

17. ENTIRE AGREEMENT
17.1 These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract.
17.2 We each acknowledge that, in entering into a Contract, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (Representation) of any person (whether a party to that Contract or not) other than as expressly set out in these Terms.
17.3 Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these Terms.
17.4 Nothing in this clause shall limit or exclude any liability for fraud.

 

18. OUR RIGHT TO VARY THESE TERMS
High Fashion Society has the right to revise and amend these Terms from time to time. You will be subject to the policies and Terms in force at the time that you order the Products, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary within seven working days of receipt by you of the Products).

 

19. LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) will be governed by English law and shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.