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1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Cool Boys / Girls Shoes our office is at Kingswood House, Pittville Circus Road, Cheltenham, Gloucestershire, GL52 2PZ. Our VAT number is 626053067. Cool Boys / Girls Shoes is the trading company for Angela Brown (Sole Trader).
2.2 How to contact us. You can contact us by emailing us at email@example.com
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. We will use the email address you provide on registration to acknowledge receipt of your order. However, our acceptance of your order will take place when we dispatch the products, at which point a contract will come into existence between you and us. We will notify you by sending an email confirming that the products have been dispatched.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. IF YOU ARE A BUSINESS CUSTOMER
This clause 4 only applies if you are a business.
4.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase products.
4.2 These terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
4.3 You acknowledge that in entering into a contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms or any document expressly referred to in them.
4.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this contract.
5. OUR PRODUCTS
5.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
5.2 Subject to availability. All products are subject to availability. Our system has been designed to only allow you to order products that we have in stock. However, in the event of an error and your desired product not being available, we will inform you by email within 14 days of receipt of your order.
5.3 Free gifts. When ordering products that include a free gift as part of a special offer, the free gift is only available with the purchase of a pair of shoes. Free gifts are not available on the purchase of shoe labels, polishes or gauges. Only one free gift is given per order, regardless of the number of items in the order.
6. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 - Your rights to end the contract).
7. PROVIDING THE PRODUCTS
7.1 Delivery costs. The costs of delivery will be as displayed at checkout.
7.2 When we will provide the products (UK orders only). We aim to dispatch orders on working days (Monday - Friday) within 24 hours of receiving them. Orders placed on a non-working day or after 12pm on Friday should be dispatched the next working day (for our purposes a “working day” is Monday to Friday, not including bank or public holidays). Orders are sent out based on the delivery option that you choose at checkout.
Orders sent via our Express Delivery Option should be delivered the following working day, however orders can sometimes take 1 – 2 working days to be delivered. Orders placed on a non-working day or after 12pm on Friday should be dispatched the next working day (for our purposes a “working day” is Monday to Friday, not including bank or public holidays).
We are unable to deliver the next day to international addresses or addresses in Northern Ireland, the Highlands and any Islands, addresses in or north of Glasgow/Edinburgh and the more remote parts of the UK.
7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as we become aware to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 If you are not at home when the product is delivered. The postal service / courier will leave a card with instructions.
7.5 If you do not accept delivery. Your package will be returned to our distribution centre and clause 11.2 will apply. You will receive an email notification from our customer services department and your order will be cancelled if we are unable to contact you.
7.6 International Delivery. If you order goods from our site for delivery to an international delivery destination, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. It is important to note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order. You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you break any such law. Delivery times for international deliveries will vary depending on the destination. For more information on international deliveries please contact us at firstname.lastname@example.org
7.7 When you become responsible for the products. Products will be your responsibility from the time the courier delivers them to the address you gave us.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 If you choose to end your contract with us, your rights will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back), see clause 12;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to;
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed; or
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind after you receive the products and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 How long do I have to change my mind and return the products? You have 14 days after the day you (or someone you nominate) receive the products to return the products to us.
HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1 Tell us you want to end the contract. To end the contract with us, please return the products to us in accordance with clause 9.2.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. We offer a free returns service via Royal Mail for all UK returns only. Please note that only products purchased on www.coolboysshoes.com and www.coolgirlsshoes.com can be returned using the procedure outlined below. Please note products purchased from www.coolboysshoes.com and www.coolgirlsshoes.com cannot be returned to a retailer stocking Cool Boys / Girls Shoes products and products purchased via a retailer stocking Cool Boys / Girls Shoes products cannot be returned directly to us. Products should be returned in the original packaging and enclose the completed returns form. The pre-paid Tracked Returns label enclosed with your order must be attached to the outside of the parcel, covering your address. You should take your parcel to the Post Office and get a posting receipt for proof of postage and keep this in a safe place until you receive your refund as the products remain your responsibility whilst in transit to us. You must also return the Advice Note received with your order so we can identify your return and write the reason for the return on the Advice Note. Finally you must re-visit our website and complete the returns form which includes supplying your order number, the proof of posting receipt number and the reason for the return and required next action from us.
If you have a large number of items to return please contact our customer service team for further help at email@example.com. (International customers: If you have a Tracked Returns label in your order please do not try and use this to return your parcel, the service is only available within the UK. Please return your item via tracked courier at your own cost - the products remain your responsibility whilst in transit to us.)
All products must be returned to us completely unworn, unused or unassembled and in the original box, complete with all labels in the same condition which you received them.
9.3 Returning products bought with special offers. When returning a complete order that has been purchased as part of a special offer and that included a free gift or discounted offer, the free gift or offer item(s) must be returned in its original condition. However, if your order consisted of more than one pair of shoes, providing at least one of those pairs of shoes is kept that relates to the free gift offer, the free gift does not need to be returned. If you have purchased your item(s) in a sale, via a special offer or by using a discount code then only store credit is available for any returns irrespective of whether the item(s) have been returned within 14 days of you receiving them.
9.4 How we will refund you. On receipt of your return, we will refund you the price you paid for the products but not for the delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below. Please note that delivery costs will not be refunded. If returns are received by us after 14 days from you receiving the goods, then if accepted by us, we will only issue a store credit (valid for 6 months) and not a refund by the method you used for payment.
9.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind we may reduce your refund to cover our cost of providing subsidised postage or to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. We will not provide a full refund if products show signs of unreasonable use. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. If the goods returned are accepted by us as undamaged and you keep at least one pair of shoes or order a replacement pair before the return is processed we will refund the cost of the returned shoes in full. If you return the whole order and haven't placed an alternative order before we process the return, we will deduct the cost of using our returns label (£6.02 plus VAT) from any refund. Customers have the option on the online returns form to request a store credit instead of a cash refund, in which case no deduction will be made for using the returns label. Delivery charges will not be refunded in any circumstance.
9.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you. For information about how to return a product to us, see clause 9.2.
10. EXCHANGING PRODUCTS
10.1 Unfortunately we are unable to offer an exchange service. If you would like an alternative size or style please place a new order. You could return the items and request a store credit which you can then use (once the return has been accepted) as payment or part payment for the new order.
11. OUR RIGHT TO END THE CONTRACT
11.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if we are unable to deliver the products to you after our courier has made three failed attempts to deliver.
11.2 You must compensate us if you break the contract. If we end the contract in the situation set out at clause 11.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract. In particular, we reserve the right not to refund delivery charges.
12. IF THERE IS A PROBLEM WITH THE PRODUCT
12.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can email us at firstname.lastname@example.org. Alternatively, if you purchased the product from a retailer, please speak to the retailer.
12.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
12.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them or post them back to us depending on where you bought the products from. Please note products purchased from www.coolboysshoes.com and www.coolgirlsshoes.com cannot be returned to a retailer stocking Cool Boys / Girls Shoes products and products purchased via a retailer stocking Cool Boys / Girls Shoes products cannot be returned directly to us. For information about how to return a product to us, see clause 9.2.
If on receipt of the product your parcel is damaged, please refuse to accept the parcel and our delivery company will return it to us.
13. PRICE AND PAYMENT
13.1 Where to find the price for the product. The price of the product (which includes VAT at the appropriate rate) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 13.3 for what happens if we discover an error in the price of the product you order.
13.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
13.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions prior to dispatch or reject your order and notify you of such rejection. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
13.4 When you must pay and how you must pay. We accept payment by credit and debit card from the list of cards shown at the payment stage of the order process. Payment for the products and all applicable delivery charges is in advance when you place the order.
13.5 Promotional codes. If you have a promotional code, you need to enter this in the box on the ‘Checkout’ page. Only one promotional code can be used per order. Please note that promotional codes have an expiry date, after which they are not redeemable. Promotional codes remain the property of Cool Boys / Girls Shoes (www.coolboysshoes.com and www.coolgirlsshoes.com). We reserve the right to remove promotional codes at any time and without prior warning.
14. OUR LIABILITY
14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. Nothing in these terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) defective products under the Consumer Protection Act 1987; or
(e) breach of any of your other legal rights.
15. HOW WE MAY USE YOUR PERSONAL INFORMATION
15.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) if you agreed to this during the order process, to give you information about similar products that we provide or for other marketing purposes, but you may stop receiving this at any time by contacting us at email@example.com or by unsubscribing from our mailing list.
15.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
16. OTHER IMPORTANT TERMS
16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
16.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
16.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
16.6 Which laws apply to this contract and where you may bring legal proceedings.
(a) If you are a consumer, these terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts only.
(b) If you are a business, this contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this contract or its subject matter or formation (including non-contractual disputes or claims).