These terms and conditions (the "Terms") govern how we supply you with any of the products (“Products”) listed on our website http://www.3elevenboutique.com (the "Website") as well as your use of our Website.
Please read these Terms carefully. Before proceeding with payment of your order you will be required to show that you have read and understood these Terms by clicking on the button on the Checkout page if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our site.
3.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order and setting out the order details. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the "Dispatch Confirmation"). The contract between us ("Contract") will only be formed when we send you the Dispatch Confirmation.
3.2 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.
3.3 If, at any time after you have placed the order, you wish to cancel or amend it you may do so by emailing us at info@3elevenboutique.com. We shall not be obliged to accept any change, but if we do accept the change, we may be entitled to recover from you any unavoidable losses that we suffer as a result of the change and to alter the date for delivery and the price as a condition of accepting the change.
3.4 If we do not supply the Products to you for any reason, we will not charge you for those Products and will refund any money already paid for them. However we will not be responsible for compensating you for any other losses which you may suffer if we do not supply the Products.
4.1 If you are contracting as a consumer, you may cancel a Contract at any time within
five (5) working days, beginning on the day after you received the Product(s).
4.2 To cancel a Contract, you must inform us by emailing info@3elevenboutique.com and stating the order number quoted on your Dispatch Confirmation. You must also return any Products which were ordered under the Contract to us, in the same condition in which you received them, and at your own cost and risk.
4.3 You will receive a full refund of the price paid for the Products in accordance with our refunds and returns policy set out in clause 11.
4.4 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.
5.1 All orders are sent using Royal Mail.
6 Shipping and delivery
6.1 We will aim to ship all orders placed before 3pm the same day.
6.2 Orders to be shipped by Special Delivery must be placed before 1pm on the date of order.
6.3 Orders placed after 1pm on Fridays will be shipped on the next available working day.
6.4 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
6.5 The Dispatch Confirmation will include a tracking number and you can track your order via http://track.royalmail.com/portal/rm/track.
6.6 All orders will require a signature on delivery.
6.7 Delay is sometimes outside of our control and therefore, time of delivery will not be of the essence. As such we will not be liable for any losses, costs, damages, charges or expenses caused by any delay in delivering the Products to you.
6.8 If the Delivery Address is incorrect or incomplete and as a result we try but are not able to make the delivery, we may treat the order as cancelled by you. Where we deem the order to be cancelled we will refund the price of the Products, but we shall be entitled to keep the amount you paid for delivery.
7 Availability
7.1 All Products advertised on our Website are subject to availability and you will be informed by email following the placing of your order if ordered Products are unavailable.
8 Risk and title
8.1 The Products will be at your risk from the time of delivery.
8.2 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.
9 Price and payment
9.1 The price of any Products will be as quoted in Pounds Sterling on our Website from time to time, except in cases of obvious error.
9.2 These prices include VAT (unless expressly stated as exclusive of VAT) but exclude delivery costs, which will be added to the total amount due as set out in clause 6 of these Terms.
9.3 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.
9.4 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.
9.5 We are 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.
9.6 Full payment must be received and verified by us before your purchase can be guaranteed. We will not charge your credit or debit card until we dispatch your order.
10 Our refunds and returns policy
10.1 Unless the Products are faulty, you may only return Products within 10 working days of their delivery to you. In order to return Products, please email us at info@3elevenboutique.com setting out your order ID number and reason for return, this must be done within 5 days.
10.2 Following receipt of your email, we will issue you with an authorisation number (“Return Authorisation Number”). You must retain the Return Authorisation Number and note it clearly on your receipt which you will post back to us with your returned Product(s).
10.3 You must return the Product(s) to us in the same condition in which you received them and with all labels attached. You have a legal obligation to take reasonable care of the Products while they are in your possession.
10.4 Please ensure that any items of underwear and swimwear are tried on over your own underwear and note that in the interests of hygiene, we do not offer refunds on pierced jewellery, underwear or swimwear if the hygiene seal has been removed. Unless the Product(s) are faulty, we reserve the right to refuse return of Product(s) where it is obvious this has not been done.In the interests of hygiene we do not offer refunds on pierced jewellery, or underwear or swimwear if the hygiene seal has been removed, unless they are of unsatisfactory quality or unfit for purpose. Please also note that items must be returned with all of the barcode tags intact. In the interests of hygiene we do not offer refunds on pierced jewellery, or underwear or swimwear if the hygiene seal has been removed, unless they are of unsatisfactory quality or unfit for purpose.
10.5 When you return a Product to us:
10.5.1 send your returns to:
3 Eleven Limited
4 Broomfield Lane
Hale
Cheshire
WA15 9AQ.
10.5.2 make sure you retain proof of postage from the post office, so that we may complete your return if it is lost on its way back to us. You should keep this proof until you have received your refund or replacement
10.5.3 because it is faulty we will notify you of any entitlement to a refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we receive the returned faulty Product. Products returned by you because of a fault 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.
10.5.4 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
10.5.5 clearly mark your Return Authorisation Number on your receipt for the Product(s);
10.5.6 must ensure that the Product(s) are properly and securely packaged and labelled with our address; and
10.5.7 are responsible for any loss or damage caused by incorrect or inadequate packaging by you.
11 Our liability
11.1 We warrant to you that any Product purchased from us through our Website is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
11.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
11.3 This does not include or limit in any way our liability:
11.3.1 for death or personal injury caused by our negligence;
11.3.2 under the Consumer Protection Act 1987;
11.3.3 for fraud or fraudulent misrepresentation; or
11.3.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us and even if such losses result from a deliberate breach of these Terms by us that would entitle you to terminate the contract between us, including but not limited to:
11.4.1 loss of income or revenue;
11.4.2 loss of business;
11.4.3 loss of profits or contracts;
11.4.4 loss of anticipated savings;
11.4.5 loss of data; or
11.4.6 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable,provided that this clause 11.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 11.1.
12 Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail 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.
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13 Notices
All notices given by you to us must be given to 3 Eleven Limited at 3:Eleven, 4 Broomfield Lane, Hale, Cheshire, WA15 9AQ or info@3elevenboutique.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail 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 e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
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14 Transfer of rights and obligations
14.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
14.2 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.
15 Events outside our control
15.1 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").
15.2 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:
15.2.1 strikes, lock-outs or other industrial action;
15.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
15.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
15.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
15.2.5 impossibility of the use of public or private telecommunications networks; or
15.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
15.3 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.
16 Data Protection, Privacy and Cookies
Please see our ase see our Privacy Policy for details as to how we treat your personal data.
17 Waiver
17.1 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 and conditions, 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.
17.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
17.3 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 in accordance with clause 13.
18 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.
19 Entire agreement
19.1 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.
19.2 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 and conditions.
19.3 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 and conditions.
19.4 Nothing in this clause shall limit or exclude any liability for fraud.
20 Our right to vary these Terms
20.1 We have the right to revise and amend these Terms from time to time without notice to you.
20.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions 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 and conditions 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 and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
21 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 or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
22 Give Aways
Enterting homepage give aways is dependant on signing up for the 3:Eleven
newsletter. Unsubscribing from the 3:Eleven newsletter may result in your entry
being removed from the give away.
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