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TERMS AND CONDITIONS OF SALE – MWUK LIMITED trading as ALEXANDRA Please note these terms and conditions are a reduced version. A complete version is available on demand from our customer services or can be viewed on line at www.alexandra.co.uk


This statement tells you information about us and the legal terms and conditions (Terms) on which we sell any of our products (Products) to you and on which you may use our website, www.alexandra.co.uk or any other online platforms on which we sell any of our Products, including without limitation, our eBay store, available at http://stores.ebay.co.uk/alexandra-official-store (together our websites). These Terms will apply to any contract between us for the sale or any offer for sale of Products to you (Contract). Please read these Terms carefully before you submit your order to us and make sure that you understand them, before ordering any Products from us. Please note that by ordering any of our Products or by using our websites, you agree to be bound by these Terms and the other documents expressly referred to in it.


If you are a business customer, these Terms apply to the exclusion of any other terms which you may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. Any provisions that deviate from these terms, including any general terms and conditions and special terms and conditions of delivery or otherwise applied by you will apply only if we have explicitly accepted them in writing or if we have agreed a separate and specific Alexandra business customer contract or a separate contract for the purchase of Bespoke Products


On your request, we will send you a free hard copy of these Terms. We may amend these Terms from time to time as set out in clause 12.


Please note that some of the terms below (where specified) only apply to you if you are a consumer (i.e. not a business) and other terms only apply to you if you are a business customer. Unless otherwise specified, all other of the terms set out below apply to you regardless of whether you are a consumer or a business customer.


1 Information about us


1.1 Alexandra is a trading name of MWUK Limited, a company registered in England and Wales under company number 00454264 and with our registered office at 3 Long Acres, Willow Farm, Castle Donington, Derbyshire, DE74 2UG. Our main trading address is at Alexandra, West Park House ,Midland Way, Thornbury, Bristol, BS35 2NT, United Kingdom. Our VAT number is GB 927 1561 21.


1.2 We operate each of our websites.


1.3 For our up to date contact information and terms and conditions please visit www.alexandra.co.uk/ contact-us.


1.4 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.


1.5 When we use the words “writing” or “written” in these terms, this includes emails. 2


Our Products


2.1 The images of the Products on our websites, or in catalogues or other sales literature, are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee accurate colour reproduction. Your Products may vary slightly from those images.


2.2 The packaging of the Products may vary from that shown on images on our websites, or in catalogues or other sales literature.


2.3 Details, descriptions and specifications on our websites, or in catalogues or other sales literature, are intended as a guide to give a general approximation of the Products.


2.4 All Products are subject to availability. We will inform you as soon as possible if the Product you have ordered is not available. In such circumstances you may either cancel your order or retain your order and we will process your order as soon as we have the relevant Product in stock.


2.5 We reserve the right to stop selling, or make changes to the specification of, the items shown on our websites, catalogues, or other sales literature at any time.


2.6 You are responsible for checking the accuracy of any order that you place, and the completeness and accuracy of any specification which we may agree with you.


3 Our websites and other materials


3.1 We are the owner or the licensee of all intellectual property rights in our websites, our catalogues, and any other materials that we may provide to you from time to time (works). Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.


3.2 ALEXANDRA, TUNGSTEN, BOYD COOPER, YAFFY, ICONA, CADENZA, and DIMENSIONS are registered and/ or unregistered trademarks of MWUK Limited.


3.3 You must not modify any paper or digital copies of any of the works in any way, and you must not use any works or any illustrations, photographs, video, audio sequences, graphics, or text in such works without our prior written consent.


4 Bespoke Products This clause 4 only applies if you are a business.


4.1 In the event that you require us to hold specific quantities of reserved stock, produce any Products to your specification, any custom made products or products clearly personalised, including any products made under our Boyd Cooper label, (“Bespoke Product(s)”) you will be required to enter into a separate agreement with us, which incorporates these Terms. This agreement is known as a Customer Stock Agreement


4.2 You shall be responsible for ensuring that the accuracy and correctness of any specification and of any instruction, measurements and other information you provide to us in relation to or for the manufacture of any Bespoke Products (“Bespoke Specifications”). As set out in clause 12 below, your right to return Products for convenience does not apply to Bespoke Products. As set out in clause 7 below, we cannot accept the return of any Bespoke Product if the fault or other loss or liability arises directly or indirectly from the Bespoke Specifications, for example any uncertainties, errors or inaccuracies in those Bespoke Specifications.


4.3 You agree that you have obtained all necessary licenses, consents, and permissions required in order to commission us to supply Bespoke Products to you.


4.4 You hereby grant to Alexandra a non-exclusive, worldwide, revocable, royalty-free licence, to use and reproduce any intellectual property rights belonging to you or licensed to you, including, without limitation, in any documents, logos, specifications (including Bespoke Specifications), designs or other materials provided by you to us under a Contract (“Customer Materials”), only to the extent reasonably required to enable us to perform our obligations under the Contract.


4.5 You warrant that our use of the Customer Materials, shall not infringe the rights, including any intellectual property rights of any third party and you shall indemnify and keep indemnified us, in full and on demand, in respect of any costs, expenses, damages and losses including any interest, fines, legal and other professional fees and expenses awarded against or incurred or paid by us as a result of or in connection with any claim brought against us for actual or alleged infringement of a third party’s intellectual property rights arising out of, or in connection with, the use of the Customer Materials.


4.6 For the avoidance of doubt, nothing in these Terms assigns any of our intellectual property rights to you, including in respect of any Products or Bespoke Products.


4.7 Where you require us to produce samples or test work for you, we reserve the right to charge you a fee for such samples and test work and will agree the amount of that fee with you in advance.


4.8 In the event that you breach your obligations under clause 6.1 and/ or clause 6.3, we may, in our discretion reject your order or cancel the Contract. In the event that we cancel the Contract under this clause 6.8, we may charge you for any costs which we may have incurred (including third party costs) prior to the date of cancellation.


This clause 5 only applies if you are a consumer.


5. We are under a legal duty to supply products that are in conformity with a Contract. Nothing in these terms will affect your legal rights. Summary of your key legal rights


These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.


The Consumer Rights Act 2015 says products must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following: •


up to 30 days: if your goods are faulty, then you can get an immediate refund.


• •


up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.


up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.


See also Clause 12.


5.1 If you wish to exercise your legal rights to reject Products under this clause 5 you must post them back to us. We will only pay the costs of postage, where you are rejecting the Products and cancelling the contract, in accordance with this clause 5, where the Products are not in conformity with the Contract. Please contact us as described in clause 12 to arrange for return of the Products.


5.2 Your right to reject Products that are faulty or mis-described under this clause 5 does not apply in


respect of Bespoke Products where the fault or other loss or liability arises directly or indirectly as a result of the Bespoke Specifications provided by you to us.


If you are a business customer This clause 6 only applies if you are a business.


6


6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you place an order to purchase Products via email, telephone or any other means (including through our website or our Sales Office).


6.2 These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.


6.3 You acknowledge that in entering into this 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.


6.4 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.


7 How the contract is formed between you and us


7.1 You are responsible for ensuring the accuracy and completeness of your order before submitting it to us. Please take the time to read and check your order before submitting it.


7.2 Please note that a Contract will only be formed between us when we communicate our acceptance of your order, whether in writing or otherwise (Order Confirmation) or, if no Order Confirmation is given, when we despatch your order for delivery.


7.3 If we are unable to accept your order or to supply you with a Product, we will inform you of this by e-mail or otherwise and we will not process your order. If you have already paid for the Products, we will refund you the full amount within 14 days of notifying you that we are unable to accept your order or to supply you with a Product. This might be because that Product is not in stock or no longer available, because of an unexpected limit on our resources, because a credit reference we have obtained for you does not meet our minimum requirements or because of an error in the price communicated to you as referred to in clause18.


7.4 A quotation for the Products given by us shall not constitute an offer. A quotation shall only be valid for a period of 30 days from its date of issue.


7.5 If you are a consumer and you are not able to enter into a contract for any reason, e.g. if you are under 18 years old in England and Wales, then we will need to enter into the Contract with someone who is able to enter into a contract, on your behalf e.g. a parent or guardian.


8 Your right to make changes


8.1 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. For the avoidance of doubt, please note that we will not be able to make a change to the Product you have ordered where you have ordered a Bespoke Product.


9 Our right to make changes


9.1 We may change the Product(s): 9.1.1 to reflect changes in relevant laws and regulatory requirements; and


9.1.2 to implement minor technical adjustments and improvements. These changes will not affect your use of the Product.


10 Our right to vary these terms 10.1 We may revise these Terms from time to time for any reason.


10.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.


10.3 Whenever we revise these Terms, the most up to date version of them will be uploaded to our website, and printed in the next edition of our catalogues and/or other printed materials.


11 Delivery


11.1 Your order will be delivered in accordance with the delivery options that you selected when placing your order. The delivery options which are currently available shall be those in force at the time you place your order.


11.2 Delivery will be completed when we deliver the Products to the address you gave us.


11.3 If no one is available at your address to take delivery, you will be provided with instructions enabling you to rearrange delivery.


11.4 The Products will be your responsibility (and held at your risk) from the completion of delivery.


11.5 If you are a consumer you own the Products once we have received payment in full for both the products and all applicable delivery charges.


11.6 “Products” in 11.7 and these terms and conditions means all items and garments as detailed on any of our invoices, whether paid for in full, partly paid or not paid


11.7 If you are a business customer, title to the Products shall not pass to you until we receive payment in full (in cash or cleared funds) for the Products and any other products that we have supplied to you, together with all applicable delivery and other charges due, in which case title to the Products shall pass at the time of payment of all such sums.


12 Your consumer right of return and refund This clause 12 only applies if you are a consumer. 12.1


If you are a consumer, you have a legal right to cancel a Contract in certain circumstances. Your rights to cancel the Contract 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.


12.2 You may have a right to cancel a Contract in the following circumstances:


12.2.1 If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the Product repaired or replaced or to get some or all of your money back), see clause 5;


12.2.2 If you want to end the Contract because of something we have done or have told you we are going to do, see clause 12.3; or


12.2.3 If you are a consumer and have just changed your mind about the Product, see clause 12.4. 12.3


If you are ending a Contract for any of the following reasons the Contract will end immediately and we will refund you in full for any Products which have not been provided. In the event that you have suffered any loss or other liability, you may have additional legal rights under the law.


12.3.1 we have told you about an error in the price of the Product, in accordance with clause 18 or description of the Product you have ordered and you do not wish to proceed;


12.3.2 there is a risk that supply of the Products may be significantly delayed because of events outside our control


12.3.3 you have a legal right to end the Contract because of something we have done wrong.


12.4 Please note that your right under the Consumer Contracts Regulations 2013 is to change your mind and cancel the Contract within 14 days of delivery of the Products. Our goodwill guarantee is more generous as you may cancel a Contract from the date when the Contract between us is formed as set out in clause 8. If the Products have already been delivered to you, you have a period of 30 (thirty) days, in which you may cancel, starting from the day you receive the Products provided that:


12.4.1 The Products are unworn, unaltered, unwashed and in a re-saleable condition; 12.4.2 The Products are not products of the type set out in clause 12.5.


Please note that the goodwill guarantee set out in this clause 12.4 does not affect your legal rights in relation to faulty or mis-described Products.


12.5 Your right to change your mind under clause 12.4 does not apply in the case of any custom-made products, or products made to your specification or clearly personalised, including Bespoke Products.


12.6 To cancel a Contract, please let us know by doing one of the following:


12.6.1 Call customer services on 0333 600 1111 or email us at customercare@alexandra.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.


12.6.2 By post. Print off the cancellation form from our web site, or available on request by contacting us and post it to us at Alexandra, Midland Way, Thornbury, Bristol, BS35 2NT. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.


You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.


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