Terms and Conditions
- 1. In General
Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
- 2. Prohibitions
You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. Christopher Waller will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
- 3. Intellectual Property, Software and Content
The intellectual property rights in all software and content made available to you on or through this Website remains the property of Christopher Waller or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Christopher Waller and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Christopher Waller or its licensors.
- 4. Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our Delivery Charges notice for further information.
In order to contract with Christopher Waller you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Christopher Waller retains the right to refuse any request made by you. If your order is accepted we will inform you by email. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
- 5. Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card.
- 6. Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Where applicable, prices are inclusive of VAT. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies
- 7. Payment
Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.
- 8. Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Christopher Waller and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Christopher Waller’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
- 9. Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
This Website must not be framed on any other site. We reserve the right to withdraw linking permission without notice.
- 10. Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with Christopher Waller and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Christopher Waller.
- 11. Indemnity
You agree to indemnify, defend and hold harmless Christopher Waller, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
- 12. Variation
Christopher Waller shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
- 13. Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
- 14. Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise: please let us know if you have any complaints or comments.
- 15. Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
- 16. Governing Law and Jurisdiction
These terms and conditions are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.
- 17. Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Christopher Waller. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Christopher Waller.
Christopher Waller ltd. will not disclose information about our customers to third parties except where it is part of providing a service to you – e.g. arranging for a product to be sent to you, carrying out credit and other security checks and for the purposes of customer research and profiling or where we have your express permission to do so.
We will not sell your name, address, e-mail address, credit card information or personal information to any third party without your permission, but we cannot be responsible or held liable for the actions of third party sites from which you may have linked or been directed to the Christopher Waller website.
Communication & Marketing
If you have made a purchase from our store we may occasionally update you on our latest products, news and special offers via e-mail, post & telephone. You will also be given the opportunity to receive such communications from us and selected third parties when you register with Christopherwaller.com
A cookie is a small information file that is sent to your computer, mobile or other device when you visit a website and it will recognise your device on future visits. These types of files do a number of different jobs such as remembering your preferences and chosen items, assisting you to improve your site experience as well as trying to ensure that the adverts or offers you see online are more relevant to you. These “cookies” can be divided into 4 types each of which is outlined below.
Category 1: Strictly Necessary Cookies
These cookies are essential in order to enable the site to provide services you have asked for such as remembering your shopping bag items.
Category 2: Performance Cookies
This type collect anonymous information on how people use the site and the data is merged with other users to enable us to improve how the site operates. For example we utilise Google Analytics cookies to help us understand how customers arrive at our site, browse or use our site and highlight areas where we can improve areas such as navigation, shopping experience and marketing campaigns. The data stored by these cookies never shows personal details from which your individual identity can be established.
Category 3: Functionality Cookies
These remember choices you make such as language, search parameters such as size, colour or product line. These can then be used to provide you with an experience more appropriate with your selections and make the visits more tailored and pleasant. The information is also merged with other users on an anonymous basis to enable us to improve how the site operates. For example our Saved Items feature utilises a cookie to remember the products which you have expressed a wish to save whilst browsing our website.
Category 4: Targeting Cookies or Advertising Cookies
These cookies collect information about your browsing habits in order to make advertising relevant to you and your interests. They remember the websites you have visited and that information is shared with other parties such as advertisers.
You can change the settings on your browser to prevent cookies being stored on your computer or mobile device without your explicit consent. Your browser “help” section will normally provide details on how to manage the cookie settings.
Protecting your security
We may use personal information provided by you in order to conduct appropriate anti-fraud checks. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information. This is done only to confirm your identity – a credit check is not performed and your credit rating is unaffected.
Third party sites
Our site may contain links to and from the websites of our partner networks, advertisers and other third parties. If you follow a link to any of these websites, please note that they have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Christopher Waller Limited (at the address below) is the data controller for the purpose of the Data Protection Act 1998 (the Act).
You have the right to access the information which Christopher Waller holds about you and your right of access can be exercised in accordance with the Act. You may lodge an access request for free, but depending upon the personal information you request, we may impose a charge to recover our costs in providing you with details of the information we hold about you. We will notify you of any such change upon receiving your access request, and confirm whether you wish to proceed and pay such charge.
The best way to contact us is via email to email@example.com
All items returned should have a Return Merchandise Authorization Form (RMAF). Unidentified returns may be returned to the sender.
To request a new RMAF please email firstname.lastname@example.org
Items should be returned new, unused, and with all Christopher Waller garment tags still attached, within 7 days of the date of your receipt.
Returns that are damaged, soiled or altered may not be accepted and may be sent back to the customer.
Please email email@example.com if any of your purchases have been delivered without Christopher Waller tags.
Your refund will be credited to the original purchaser’s credit card via Paypal and will include shipping costs for faulty items or for orders cancelled under the DSRs only.
Where items are returned for a fault or under the DSR’s and your order has been sent to a destination within the EU, all sales taxes will be refunded.
Please note card refunds may take up to 10 business days for your bank to complete, depending on their processing time. This can vary greatly between card issuers, and unfortunately we are unable to influence this.
If you have received an item as a gift, you may exchange it for a credit note to the same value.
Goods are classified as faulty if they are received damaged, or where a manufacturing fault occurs within six months of purchase. Please note that items that are damaged as a result of wear and tear are not considered to be faulty.
Where possible, we will offer to repair faulty items. If you would like to exchange your item, please be aware that we can only replace it for the same product in the same size, subject to availability. You will receive a full refund if the item cannot be repaired or replaced.
For all faulty items outside of our Returns Policy, please contact firstname.lastname@example.org.
Making an exchange is easy. Just make sure you request a Returns Merchandise Authorization FORM (RMAF) number within seven days of receiving your order.
It’s free to exchange items for a different size, based on stock availability. Shipping is free on the replacement item.
Sale items are also exchangeable for alternate sizes or colours or where not available a credit note, again within the 7 days of receiving your order.
Credit Notes will be valid for 6 months.
If you are a customer based in the EU, you have the right to cancel your order with us under the Consumer Protection (Distance Selling) Regulations 2000 (DSRs).provided you give us written notice within seven working days of receipt.
You must notify customer care in writing of your wish to cancel the contract for your entire order under the DSRs within seven working days of receiving your items. To do this email email@example.com.
On receipt of your notice of contract cancellation, customer care will email you a Returns Merchandise Authorization Form (RMAF) number.
All items must be returned unused, in their original condition and from the country that the order was delivered to.
We will refund the full value of your order, including shipping costs, within 30 days of receiving your notice of contract cancellation.
Please note you may only use your right to cancel the order under the DSRs if you give us formal written notice of cancellation within seven working days of receiving the order, as described above.