Terms & Conditions

OF

www.deathwish.co
Company No.: 10837504

DEFINITIONS 

1.1.  “Buyer” refers to the individual and/or organisation who buys or agrees to buy the Goods from the Seller;
1.2.  “Consumer” shall have the meaning assigned in Section 12 of the Unfair Contract Terms Act 1977;
1.3. “Contract” refers to the contract between the Seller and the Buyer for the sale and purchase of Goods associated with the Terms and Conditions;
1.4.  “Goods” refers to the items that the Buyer (you) agrees to purchase from the Seller (Death Wish Clothing Limited);
1.5.  “Seller” means DEATH WISH CLOTHING LIMITED of 15 BOLTONS LANE, BINFIELD, BRACKNELL, BERKSHIRE, RG42 4UA that owns and operates https://deathwish.co;
1.6.  “Terms and Conditions” refer to the terms and conditions of sale set out in this agreement.
1.7.  “Website” means https://deathwish.co

 

CONDITIONS

2.1.  Nothing in these Terms & Conditions will affect the Buyers statutory rights as a Consumer.
2.2.  These Terms & Conditions apply to all contracts for the sale of Goods by the seller to the buyer and will overrule any other documentation or communication from the Buyer.
2.3.  Acceptance of delivery of the Goods will be deemed conclusive evidence of the Buyers acceptance of these Terms & Conditions.
2.4.  Any variation of these Terms & Conditions will be void.

 

ORDERING

3.1. All orders for Goods will be deemed as an offer by the Buyer to purchase Goods following these Terms & Conditions and are subject to acceptance by the Seller.  The Seller may choose not to accept an order for any reason.
3.2.  If the Goods ordered by the Buyer are not available from stock the Buyer will be contacted and given the option to wait until stock is available or cancel the order and receive a full refund.
3.3.  Any items in an order from the SALE are not eligible for returning and non-refundable.

 

PRICE AND PAYMENT

4.1.  The price of the Goods is provided on the Website.  Prices INCLUDE VAT.  Prices EXCLUDE delivery charges.
4.2.  The total purchase price INCLUDING VAT and delivery charge are displayed in the Buyers shopping cart prior to confirming the order.
4.3.  The Seller will confirm via e-mail the details, description and price for the Goods together with information on the right to cancel if the Buyer is a Consumer after the order is received.

 

RIGHTS OF THE SELLER – DEATH WISH CLOTHING LIMITED

5.1.  The Seller has the right to update prices on the Website, which cannot be guaranteed for any period.
5.2.  The Seller has the right to withdraw any Goods from the Website at any time.
5.3.  The Seller is not liable to anyone for withdrawing Goods from the Website or for refusing to process an order.

 

DELIVERY

6.1.  Goods supplied within the United Kingdom will normally be delivered within 14 days of acceptance of order.
6.2.  Goods supplied to Europe and Rest of the World will normally be delivered within 28 days of acceptance of order.
6.3.  Delivery of Goods will be made to the Buyers address which the Buyer provides in the order, the Buyer will make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
6.4.  Risk in the Goods will pass to the Buyer upon delivery of the Goods.

 

ORDER CANCELLATION

  1.  The Buyer can cancel the order for any reason up to the point of dispatch and any payments made by the Buyer will be refunded in full within 28 days.

 

FAULTY ITEMS

8.1.  The Buyer will inspect the Goods immediately upon receipt and will notify the Seller via e-mail, telephone, or writing within 7 days if the Goods are damaged.  If the Buyer fails to do so the Buyer will be deemed to have accepted the Goods.
8.2.  When a claim of damage or defect is made, or the wrong Goods have been sent, the Goods will be returned by the Buyer to the Seller within 14 days of delivery.  The Buyer will be entitled to a replacement or a full refund including delivery costs.  The Seller does not operate free returns, any return postage charges will not be covered by the Seller.
8.3.  Goods must be returned by the Buyer within 14 days of cancellation in original packaging and should be packaged appropriately for the return journey.  The Buyer will receive a refund of all monies paid for the Goods including delivery charges.  The Buyer Seller does not cover the cost of postage for returning items.  If the Buyer fails to return the Goods following cancellation the Seller is entitled to deduct the cost of recovering the Goods from the Buyer.
8.4.  Goods must not have been worn, washed or ironed.  We cannot accept returns if the item has been worn, washed or ironed and the Buyer will not receive a refund.
8.5.  The Buyer is responsible for checking the size when ordering, if the Buyer orders the wrong size the Seller can only accept an exchange, the Buyer will need to follow the exchange policy outlined on the website.  If the Buyer is in doubt regarding sizes the Buyer will contact the Seller via e-mail, telephone or in writing to receive a confirmation of the size chart.
8.6.  The Buyer is unable to return any items ordered from the SALE.  All SALE items are non-refundable.

 

UNWANTED ORDERS

9.1.  The Seller is not liable for unwanted orders.

9.2.  The Buyer may return the Goods, the Seller is not liable to refund the order.
9.3.  The Buyer is responsible for the postage costs to return the Goods back to the Buyer.
9.4.  When returned Goods are found to be damaged due to the Buyers fault the Buyer will be liable for the cost of remedying the damage.
9.5. The Buyer is unable to return any items ordered from the SALE.  Please note all sale items are non-refundable.

 

LIMITATION OF LIABILITY

10.1.  In the event of any breach of these Terms & Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller will under no circumstances be liable for any indirect, incidental or consequential loss or damage.
10.2.  Nothing in these Terms & Conditions will exclude or limited liability of the Seller for death or personal injury resulting from the negligence of the Seller.

 

WAIVER

  1.  No waiver by the Seller (expressed or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

 

FORCE MAJEURE

  1.  The Seller is not liable for any delay or failure to perform any of its obligations if the delay or failure is due to results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, shortage or unavailability of resources and or materials from the natural supply.  The Seller will be entitled a reasonable extension of its obligations.

 

SEVERANCE

  1.  If any term or provision of these Terms & Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed, and the remainder of the provisions will continue in full force and effect as if these Terms & Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

 

CHANGES TO TERMS & CONDITIONS

  1.  The Seller is allowed to edit the Terms & Conditions at any given time, this right will not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

 

GOVERNING LAW AND JURISDICION

  1.  The Terms & Conditions are governed by and written in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
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