Updated 12th March 2012
In these terms and conditions:
"COLLARI"", "we", "our" and "us" means Robert J Davison t/as COLLARI, 17 Laurelbank Avenue, Newtownards, County Down, Northern Ireland, UK. BT23 4AT
"User" and "you" means any user of the website including any user who makes a purchase through the website (a "Buyer").
References to the term "dispatched" means the point at which an item or goods leave our premises and is handed to the courier.
References to the term "dispatch date(s)" means the date when the order is handed to our courier.
Formation of agreement
1.1 An agreement governing your use of the COLLARI website, all stages of the process and our sale of goods when we receive confirmation of your order is made on the basis of these terms and conditions (this agreement between us is referred to in these terms and conditions as the "Agreement").
1.2 Buyers must have full legal capacity.
1.3 Amendment to Terms: COLLARI reserve the right to modify this Agreement. The terms and conditions in force at the time an order is confirmed will govern any particular order. We will keep a record of terms and conditions and dates of any changes made and we recommend that you print a copy of these terms and conditions.
1.4 Dispatch Dates: COLLARI is a specialist online retailer that offers made to order products. Due to the nature of our business, there is a manufacturing period of approximately twenty-one (21) days. We endeavour to deliver all orders within a twenty-eight (28) day period however from time to time we may not have certain fabrics in stock. Consequently, whilst we endeavour to dispatch items within the indicated dates, orders may sometimes take longer and we will advise Buyers of the status where applicable.
1.5 Payment: Payment will be deducted from the Buyer’s credit/debit card or Paypal account within five (5) working days of an order being accepted by COLLARI.
Placing an order
2.2 To place an order, you should select the required item and add it to the basket. You can review the selected item(s) at any time by clicking on ‘My Basket’ link and then continue shopping by clicking on ‘Continue Shopping’ link. Once you have completed your shopping, please click on the ‘Proceed To Payment’ link.
2.3 Next you will be asked to enter/confirm your personal details, billing and delivery address before moving to "Summary of your order". In "Summary of your order", you will be able to check the information relating to the item(s) ordered, quantity, price and total.
2.4 Each order constitutes a separate transaction. If you would like to order multiple items for delivery at the same time, you must ensure that all of these appear on the order before you confirm your order. Unfortunately, we can not consolidate delivery charges when more than one order is placed.
2.5 Orders are accepted at our sole discretion provided that the item(s) is(are) available and the order reflects current pricing and that your credit or debit card is authorised for the transaction. In some occasions, sales may not be available to all territories, where applicable this will be stated in the sale.
2.6 All orders are subject to acceptance and availability. In the event that an item you have ordered is out of stock, we will endeavour to inform you as soon as possible. The order relating to the unavailable item will be cancelled and a full refund will be applied. Where the Buyer’s order is for multiple items, the rest of the order will remain valid (including all delivery charges). Where the Buyer’s order is for that single cancelled item, delivery charges will be refunded in full. Notification will be sent to the Buyer via an email to the address provided at registration, confirming that the Buyer’s refund has been processed. It will take a minimum of five (5) working days from receipt of such an email for the refunds to appear in the Buyer’s bank account.
2.7 All orders have to be placed through the website. COLLARI are unable to process any manual payments or orders (e.g. by phone, mail, fax etc). COLLARI are also unable to amend orders after they have been placed and confirmed through the website.
Pricing and Payment
3.1 All items are exclusive of delivery charges which will be indicated to you during the ordering process.
3.2 COLLARI can never be held liable or responsible for local customs charges/duties and these must be paid by the recipient.
3.3 We reserve the right to modify our prices at any time but the items will be charged at the rate which was current at the time the order was placed.
3.4 Once you have reviewed your order and provided your personal details, you will be invited to check out by clicking on ‘Proceed To Payment’. Payments will be processed by credit card, debit card or Paypal through a secure payment service operated by PaymentSense. The PaymentSense website is secured by SSL encryption (Secure Socket Layer) to protect the confidential details provided for payment. At no time will the User’s payment details be transferred or stored through COLLARI’s electronic system. Payment will be deducted within five (5) working days of an order being accepted.
3.5 In the event that payment cannot be made in accordance with section 3.4, the order will not be processed and will automatically be cancelled.
3.6 All refunds will be made to the card used in the original transaction. To comply with audit standards, the card or account details used for refunding a purchase cannot be amended.
3.7 Should a refund be rejected for any reason by either COLLARI’s bank or the Buyer’s bank, COLLARI’s Customer Service team will contact the Buyer to discuss alternative options to make the refund effective.
Acceptance of your order
4.1 Once the payment has been accepted, the contract is formed and the order cannot be edited
4.2 We will confirm receipt of your order to the email address you provided at the time of registration. It is recommended that you retain that email or print out confirmation of your order.
5.1 Estimates: We will endeavour to dispatch your goods within twenty-one (21) and twenty-eight (28) days of the Order Date. Dispatch dates are an estimate only. If you do not receive your order within sixty (60) days we will contact you to agree a delivery date. COLLARI will not be held liable in any way for the late delivery of goods that are provided within sixty (60) days of the Order Date or agreed by you to fall outside this period. This does not affect your statutory rights.
5.2 Status: All items will be delivered to the Buyer’s registered address or, where requested by the Buyer as part of the order process, to another address selected for that particular order. It is your responsibility to give us the full and correct delivery address details. We are not able to deliver to PO Box numbers and cannot receive amendments to the delivery address once the order has been placed.
6.1 If the recipient of the order is not present at the time of delivery, a delivery note will be left and the courier may attempt to leave the order with a neighbour. If this is not possible, the parcel will be returned to the courier delivery depot. A delivery note will be left in the recipient’s letterbox informing the recipient whether the parcel is with a neighbour or has been returned to the depot. If the parcel has been returned to the courier depot, the recipient will be able to collect it within the couriers time-period. Had the parcel not been picked up by the recipient from the depot within the couriers time-period, it will automatically be returned to COLLARI as undeliverable. In these circumstances the Buyer will be liable to a redelivery fee equal to the original delivery fee in order to receive the item(s).
7.1 Note the damage: We take care when shipping orders but we recommend that when the recipient receives their order to carefully check the conformity of the item(s) received. Any problem with the order should be notified to COLLARI’s Customer Service team, within three (3) working days of receipt. If at the time of delivery the parcel’s packaging is damaged, please ensure that the recipient notes it in writing on the "Proof of delivery" note (POD).
7.2 Return the item: Please return to COLLARI as soon as possible (in accordance with section 8 below) any incorrect or defective item.
7.3 Refunds: COLLARI will endeavour to provide replacements for incorrect or defective goods. Subject to a full investigation by us with our supplier and with the courier, COLLARI will provide a full refund for a defective, incorrect or missing item (return postal charges will only be refunded where the item has been found to be misdescribed, incorrect or defective) in keeping with your statutory rights.
7.4 Investigation: There is no specified period for how long such an investigation may take and this will vary. We will do our best to give you an indication of the estimated investigation time at the start of the process.
7.5 Goods will only be classed as incorrect if the goods do not match the original details provided by the Buyer within the order. All measurements are subject to an allowable tolerance of +/- 1cm.
7.6 When measurements are provided from another shirt, there may be a variance in the exact fit and form of the new shirt produced, due to differences in production.
8.1 Condition of Items for Returns: The Buyer must return the item(s) in good condition, unused and with their original packaging. COLLARI reserves the right to refuse or to reduce a refund on any item that is incomplete, damaged, dirtied or not received in reasonable condition.
8.2 All returns must be pre-authorised by COLLARI. Unauthorised returns will be refused. Request authorisation for return by completing the Returns Form found within the Returns section of the COLLARI website.
8.3 Should the Buyer fail to return their goods to the address provided, COLLARI will not be held responsible for any delays to refunds or postage issues.
8.4 Due to the personalised/custom made nature of all COLLARI items, only misdescribed, incorrect or defective items are eligible for return.
8.5 Postage for Returns: The Buyer should always follow the return postage instructions provided by COLLARI with their Return Authorisation
8.6 COLLARI cannot be held responsible for any unforeseen delays e.g. strikes, riots, war or act of God.
Discount Codes and vouchers
9.1 You may occasionally receive promotional discount codes from us, via email or through promotional materials. Discount codes may be based on a minimum spend and will always exclude delivery charges. Offers will expire at 11:59pm on the date stated in the promotion. You may be required to follow a link to an associated website before being eligible for any promotional discount code. COLLARI are not responsible for any third party web sites.
9.2 Discount codes cannot be split into smaller values and any remaining amount left on a discount code after a purchase cannot be retained. Accordingly, the use of a discount code requires the total value of the order (excluding delivery charges) to be equal to or higher than the monetary value of the discount given by the code. Some discount codes may specify a minimum spend in order to be used. In this case, the monetary value of the order (excluding delivery charges) has to be equal to, or higher than, the minimum spend specified.
9.3 Under no circumstances can the value of a discount code be deducted from an order if that code is defective or out of date: no replacement codes will be issued.
9.4 To use a discount code in "My shopping basket", you must click on the link "Please enter your discount code here". After having selected the discount code you want to use, click on "Go" link.
9.5 When an order is placed using a discount code and it contains a number of items, the value of the discount is spread over each item according to the pro-rated value of each item. Any refund of an item bought in such an order will be reduced by the value of discount attached to it.
9.6 Only one discount code can be used per order.
Introducing a friend
10.1 Successful and validated referrals of friends by you will entitle both you and your referred friend to a discount code to the value of £20, or such other figure as advised by us from time to time. To receive a discount code for successful and validated referral, you should adhere to the following procedure.
10.2 For a referral to be successful and validated, your "friend" must not already be registered with us and will be required to order from COLLARI, using the email address you supply. Click the link "£20 off". You will be invited to enter the email address(s) and name(s) of your friend(s) and then to click on the "Send your invites" link. COLLARI will send an initial email to your friend inviting your friend to become a member of COLLARI but will not send your friend any further emails without their consent. Please obtain your friend’s consent before sending us their details and note that if asked, we will tell your friend who introduced them. Subject to successful registration of your friend (using the same email address you supplied), you and your friend will receive a discount code when your friend’s first order is shipped out for delivery.
10.3 Discount codes for introducing a friend will only be valid for one (1) year from the date that the discount code is received.
10.4 We reserve the right not to issue discount codes where we have reasonable grounds to suspect that there is an abuse of the friend referral scheme. Any abuse of discount codes can be stopped by COLLARI with immediate effect by cancelling all discount codes that a customer has received and cancel any outstanding orders. COLLARI also reserves the right to refuse orders and to refuse to issue discount codes to persons that have, in the past, abused the scheme in some way.
Access to the website and content
11.1 COLLARI are continually reviewing the items available on the website, so specifications or design changes may be made at any time. We shall use reasonable commercial endeavours to keep the website up to date but information and specifications given are for your information only and might be subject to change without notice.
11.2 We try to ensure that pictures of the items on the website are as accurate as possible, but slight variations in colour and texture between the pictures and the items themselves must be expected.
11.3 We will endeavour to allow uninterrupted access to the website, but access may be suspended, restricted or terminated at any time.
11.4 The COLLARI website may include links to other websites or material, which are beyond its control. We are not responsible for access to and content on the Internet, or any site other than the COLLARI website.
Scope of advertisements
12.1 We make no representation or warranty that any items referred to in the website are available or are otherwise suitable for use in all territories.
13.1 The Buyer will only own the items once they have been successfully delivered and when COLLARI have received cleared payment for them in full. Until that time, COLLARI will retain ownership of the items.
14.1 We warrant that the items shall meet their specification (within the acceptable tolerance of +/- 1cm on all measurements) and shall be free from defects in materials and workmanship at the time of delivery provided that the instructions governing use and upkeep of the goods have been followed.
15.1 If you have a valid claim in respect of any of the items which is based on any defect in the quality or condition of the items or their failure to meet specification in accordance with this Agreement, we shall endeavour to provide replacements or refund to you the price of the items (or a proportionate part of the price) and the delivery charges for incorrect or defective goods
15.2 We will take all reasonable care to keep your order secure, but in the absence of our sole negligence we cannot be held liable for any loss you may suffer if a third party obtains unauthorised access to any data (including credit and account details) you provide when accessing or ordering from the Website.
15.3 We shall not be liable to you in connection with this Agreement in contract, tort (including negligence) or otherwise for any loss arising out of any Event (as defined in clause 17 below), any internet, network or virus problem, for any loss of profit, anticipated savings or data (in each case whether direct or indirect) and/or any indirect loss.
15.4 COLLARI's aggregated liability to you in connection with this Agreement shall not include any losses or damage in circumstances where:
(i) the loss or damage was not caused by any breach on the part of of COLLARI, or
(ii) the loss or damage was not reasonably foreseeable as a consequence of a breach or negligence by COLLARI, or
(iii) the loss or damage is a business loss or the losses were caused in the course of business, including lost profits or business interruption
16.1 These terms and conditions do not affect your statutory rights as a consumer.
Matters outside our control
17.1 COLLARI shall not be liable to the Buyer or in breach of this Agreement for delay or failure to perform if the delay or failure is due to a cause beyond our reasonable control (the "Event").
17.2 We will contact the Buyer within a short time of the Event in order to discuss possible alternatives for the performance of the Agreement. If the Event lasts for more than sixty (60) days, the Buyer's order will be deemed to be cancelled and the Buyer will receive a full refund.
E-mail, user name and password
18.1 E-mails to you shall be to the address you specify to us. It is important that you give us an accurate and valid e-mail address and tell us of any changes to it.
18.2 The user name and password you are issued with before you can order items from us are personal to you and are not transferable. Any breach or suspected breach of security of a user name and password should be notified to us immediately. You will be responsible for any payments due for items ordered through the Website by anyone using your user name and password.
18.3 We guarantee the confidentiality of any data transmitted to us after you have entered your password. You are responsible for the use of your password and maintaining its confidentiality.
18.4 In the event of a forgotten password you can obtain a new one by clicking on the link 'Forgotten your password'. A new password will be sent to you, to the e-mail address provided by you.
19.1 If any provision of these terms and conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these terms and conditions shall not be affected.
19.2 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
19.3 If we fail to enforce a right under this Agreement, that failure will not prevent us from enforcing other rights, or the same type of right on a later occasion.
19.4 A person who is not a party to these terms and conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these terms and conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
20.1 In exceptional circumstances, we reserve the right to end any Agreement with you, cancel or place on hold any orders and/or to suspend or terminate your access to the COLLARI website immediately and without notice to you if you breach any of the COLLARI terms and conditions, you fail to make any payment when due, we suspect that you are about to engage in or have engaged in fraudulent or illegal activity on the website or, if requested to by us, failed to provide us with sufficient information to enable us to verify the accuracy and validity of any information provided to us so as to prevent fraudulent use of the website. If required, you can be requested to send us a certified proof of ID (e.g. a certified copy of your passport or driving license) as well as proof of address for the past 3 months. The order will only be dispatched after we have received and verified these documents.
20.2 We reserve the right to cancel an order and carry out a refund in the event of not receiving the documents or non-conformity of the documents within five (5) days.
20.3 We reserve the right to define the circumstances in which this additional verification might be required.
21.1 If you would like to contact COLLARI’s Customer Service team, please email us at: email@example.com
21.2 The Customer Service team are unable to process any manual orders.
22.1 We comply with the principles of the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003.
22.2 When you give us your personal information, we will offer you the opportunity to opt in to receive information by email from us and will only send it to you if you do opt in or if you are an existing customer and the information relates to similar items or services to those, which you have previously purchased from us. Where you have also agreed, we will pass on your details to carefully selected third parties. When we send you communications by email, we will give you the opportunity to opt out of receiving such communications from us. It is not our normal practice to send out marketing communications by post or telephone but if we do, you will also be able to opt out of receiving such communications from us. However, remember if you opt out of receiving communications from us, particularly by email, this will preclude you from receiving any of our special offers or promotions in future.
23.1 The personal information you have shared with COLLARI is compulsory for recording and processing the online purchase, delivery and billing of the orders. This information is strictly confidential. Giving false information will result in the automatic cancellation of the order.
23.2 You have the right to access, to modify, to change or correct your personal information. To exert this right, you can access your personal information online or if you are unable to do so for any technical reasons then you may contact COLLARI’s Customer Service team.
23.3 The only cookies we use in relation to each connection are deleted at the end of each visit to the COLLARI website.
23.4 Certain pages of the COLLARI website can sometimes contain electronic images or statistics trackers that make it possible to count the number of visitors to the page. The information obtained is strictly anonymous and simply makes it possible to gather statistics on the frequency of use of certain pages of the website.
24.1 The copyright of the material contained in the website, together with the website design, text and graphics and their selection and arrangement and all software compilations, underlying source code and software (including applets) belong to us, our subsidiaries or the providers of such information. All rights are reserved. None of this material may be reproduced or redistributed without our written permission.
24.2 You may retrieve and display the content of the website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices.
24.3 You may not reproduce, modify, copy, distribute or use for commercial purposes any of the materials or content on the website without written permission from COLLARI (except as set out in paragraph 24.2).
25.1 These terms and conditions shall be governed by and construed in accordance with UK law.
25.2 Any disputes shall be subject to the exclusive jurisdiction of the UK courts, to which both parties submit.