Terms & Conditions
Version date: August 2017
These terms and conditions apply contracts for the sale of Goods. These Terms and Conditions have been brought to the attention of the Buyer prior to purchase of any Goods.
Hasso Fashion Ltd and the expressions, “Hasso Fashion”, “we” and “us” and “our” and “the Company” means Hasso Fashion Ltd, (Company number 09815776) (VAT number GB 235 6841 93) whose registered office is at 51 Murrayfields, West Allotment, Newcastle upon Tyne, NE27 0RD.
“you” and “the Buyer” and “the Customer” means the individual who purchases Goods from the Company
Goods for sale on the website are intended for use by private individuals only. You confirm that by placing an order you are purchasing the Goods for personal use only, and you are not placing orders as a business customer, on behalf of a business, or in any other professional capacity.
1.1. In these Conditions the following words shall have the meanings set out below:
“Conditions” means the standard terms and conditions of supply of Goods set out in this document including any introduction, appendix or reference.
“Contract” means a legally binding contract for the sale and supply of Goods made in accordance with these Conditions.
“Goods” means any goods we supply to you, as described in the order
“Intellectual Property Rights” means any existing or on-going applications for trademarks, patents, service marks, registered or unregistered designs, database rights, copyright, know how and any other similar protected rights in any country.
“Order” means an order placed by you for the purchase of Goods.
“Price” means the price of the Goods detailed on the website and in the order confirmation email.
1.2. Any reference to writing or written includes faxes or emails.
1.3. References to an Act of Parliaments shall be deemed to include any modification, re-enactment or subordinate legislation of any sort made from time to time under that Act.
1.4. Where the context permits, the use of the singular shall be construed to include the plural, and use of plural the singular, and the use of any gender shall include all genders.
1.5. The headings in these Conditions are for reference only and shall not affect the interpretation or construction of these Conditions.
1.6. The Schedules, Background and Appendices form part of these Conditions, and shall have effect as if set out in full in the body of this Agreement and any reference to this agreement includes the Schedule, Background and Appendices.
2. Acceptance of these conditions
2.1. To process your Order, we ask that you to accept these Conditions.
2.2. Placing an Order constitutes acceptance of these Conditions.
2.3. If you do not wish to accept these Conditions, we will not be able to process your Order.
2.4. If you have questions about these Conditions, please contact email@example.com
3. Your status
3.1. By placing an Order, you confirm that:
3.2. You are legally capable of entering into binding contracts; and
3.3. Your are at least 18 years old
4. Applications of the Terms and Conditions
4.1. Subject to any variation under Condition 4.3, the Contract shall be on these Conditions to the exclusion of all other terms and conditions (including any terms or conditions which you purport to apply under any purchase order, confirmation of order, specification or other document).
4.2. No terms or conditions endorsed upon, delivered with or contained in your purchase order, confirmation of order, specification or other document will form part of the Conditions.
4.3. These Conditions apply to all our sales and any variation to these Conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by one of our directors, the identity of whom is available from Companies House.
4.4. You acknowledge that you have not relied on any statement, promise or representation made or given by the Company which is not set out in the Contract or made expressly in writing. Nothing in this Condition shall exclude or limit the Company’s liability for fraud or fraudulent misrepresentation.
4.5. You shall ensure that the terms of your order and any applicable specification are complete and accurate.
4.6. Descriptions of the Goods are available from a number of sources, including our website, social networks, and brochures.
4.7. Whilst it is our intention to keep all information accurate and error free, any description or image is for illustrative purposes only, and is intended to present a general idea of the Goods described and shall not form part of the Contract. There may be small discrepancies in colour, style or size.
5. Placing an Order
5.1. The Goods displayed, their information, and their prices on the Website are an invitation to place an Order and do not constitute an offer by us to you to purchase the Goods.
5.2. Each Order by you for Goods from us shall be deemed to be an offer by you to purchase Goods subject to these Conditions
5.3. You acknowledge that prior to any Order you have had notice of these Conditions and an Order is made on the basis of these Conditions.
5.4. You will receive an email acknowledging your Order and will contain estimated timescales for delivery.
5.5. The Order acknowledgement email is for information reference purposes only and does not constitute acceptance of the Order by us.
5.6. Acknowledgement of your Order is not a guarantee by us of the availability of the Goods.
5.7. If your order confirmation email does not match the Order you placed, you must contact our customer services department to cancel or amend the order. You can contact them on firstname.lastname@example.org
5.8. We reserve the right to decide whether to accept your Offer in accordance with this clause.
5.9. Your Order shall be accepted or deemed to be accepted by us when dispatch the Goods to you which shall create a Contract which is subject to these Conditions.
5.10. The date of the Contract shall be the date on which we dispatch the Goods or send a email to that effect.
5.11. We reserve the right to treat each order accepted as a separate Contract and reserves the right to deliver the Goods by installments.
5.12. Where Goods are delivered by installments we reserve the right to treat each installment as a separate Contract.
5.13. Title of the Goods will pass to you on delivery.
6. Price and Payment
6.1. Payment must be made in pounds sterling and can be made using any of the payment means listed in the website’s checkout.
6.2. All payments by UK credit or debit card is subject to authorization by the card issuer when the Order is placed.
6.3. If card authorization is refused to us, we will not be liable for any delay or non-delivery of the Goods and the Contract will be deemed to be cancelled.
6.4. If payment is made by a UK credit or debit card, the card will be debited when your Order is dispatched.
6.5. Time for payment shall be of the essence and no payment shall be deemed to have been received until we have received cleared funds.
6.6. All prices shown on our website are inclusive of VAT.
6.7. Our website contains a number of Goods and it is always possible that some of the Goods listed may be incorrectly priced.
6.8. We are under no obligation to supply Goods at the incorrect price.
6.9. If your Order contains Goods that are found to be incorrectly priced, we will either contact you for instructions before dispatching the Goods, or reject your Order and notify you of the reason.
6.10. The prices on our website may differ to those available in stores and other websites. We are under no obligation to sell Goods or price match stores and other websites or vice versa.
7.1. Delivery charges are shown at different points in the website and Order process.
7.2. For more information on delivery, please see the Shipping Info section.
7.3. The terms of the Shipping Info section is incorporated into these Conditions.
7.4. Some postal addresses (such as some remote areas) may not be covered by our delivery services and we may not be able to arrange delivery of some items to these addresses. We will notify you of this when you place your order.
7.5. You will be required to sign for your delivery.
7.6. We cannot deliver to P.O. Boxes.
7.7. If you do not take delivery of the Goods on the date notified to you by us, or you fail to provide instructions and authorisations required to enable Goods to be delivered on time, the Goods will be deemed to have been delivered, and title and all risks in the Goods will pass to you on the delivery date.
7.8. If the Goods are subsequently returned to us by you or by a postal or courier service, they will be subject to our Returns policy.
7.9. If we incur any costs in receiving failed or delayed deliveries, we will charge you for any those costs and any related expenses.
7.10. Any dates or times we give you for delivery are estimates and we do not guarantee delivery on that day.
7.11. We do not accept liability for failed or delayed deliveries or any costs, damages, expenses or other penalties incurred by you.
7.12. You will not be entitled to refuse to accept any Goods or to cancel the Contract with us because of delayed delivery unless any delay exceeds 180 days.
7.13. We may deliver your Order in instalments.
7.14. Failure by us to not deliver all instalments will not entitle you to repudiate the Contract.
7.15. The carrier shall be deemed to be your agent except for the purpose of sections 44, 45 and 46 of the Sales of Goods Act 1979.
7.16. Subject to Conditions 7.7, 7.8, 7.17, 7.18, 7.19 and 7.21 we shall not replace any lost or damaged Goods after delivery.
7.17. The quantity of any consignment of Goods as recorded by us or our agents upon dispatch shall be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence to the contrary.
7.18. In the case of short or damaged delivery you must inform us and our carriers within 3 working days.
7.19. In the case of non-delivery you must inform us within 24 hours of our invoice or advice note.
7.20. If you do not inform us within these timescales, we accept no liability for short delivery, loss or damage to Goods occurring prior to delivery or for non-delivery even if caused by our negligence.
7.21. Subject to Conditions 7.17, 7.18 and 7.19, our total liability for short delivery, loss or damage to the Goods prior to delivery, or non-delivery shall be limited to our discretionary choice of repairing or replacing Goods within a reasonable time or refunding the Price at the pro rata Contract rate.
8.1. Our Returns Policy is incorporated into these Conditions.
9. Warranty and Liability
9.1. Subject to Conditions 7 and 9, the following provisions set out our entire liability including any liability for the acts or omissions of our employees, agents or subcontractors to you arising from any breach of these Conditions and any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
9.2. Our liability for any claim by you which is based on any defect in the quality or condition of the Goods or any other dissatisfaction of yours shall be limited only to the extent of the terms set out in the Returns Policy
9.3. Our total liability for any claim in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the Contract will be limited and shall not exceed the price paid for the Goods.
9.4. We will not be liable for incidental, consequential, indirect, special or punitive damages (including without limitation, loss of production, loss of or corruption to data, loss of profits or of contracts, loss of revenue, loss of operation time, loss of goodwill or anticipated savings, wasted time) arising out of the Contract
9.5. You acknowledge and agree that the allocation of risk contained in this contract is reflected in the price agreed by you and us.
9.6. All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by sections 9 and10 of the Consumer Rights Act 2015) are, to the fullest extent permitted by law, excluded from the contract.
9.7. Nothing in these Conditions excludes or limits our liability:
9.7.1. for death or personal injury caused by our negligence; or
9.7.2. for fraud or fraudulent misrepresentation; or
9.7.3. in respect of any breach of the warranty as to title implied by section 12 of the Sale of Goods Act 1979; or
9.7.4. under section 2 Consumer Protection Act 1987 to the extent that liability cannot be lawfully excluded under section 7 of the same Act; or
9.7.5. any other liability that cannot be lawfully excluded
9.8. This Condition 9 including the Returns Policy incorporated into these conditions is a complete statement of our warranties regarding the Goods and is in lieu of all of all other warranties, terms, representations or conditions express or implied (under statute, common law or otherwise).
9.9. You acknowledge and agree that except as expressly provided in this Condition 9, we shall not be under any liability of any kind whatsoever and howsoever caused arising directly or indirectly in connection with this agreement.
10.1. You agree to fully indemnify us and keep us indemnified from all claims, damages or injury to any person, firm, or Company against all proceedings, charges, and expenses for which we may become liable in respect of the Goods supplied by or on behalf of us except to the extent that such liability has been expressly admitted in these conditions.
10.2. You shall notify us immediately of any claim made or action brought or threatened alleging infringement of the rights of any third party in relation to the Contract, Goods or Company.
10.3. At our discretion, we shall have sole conduct of any proceedings or claim.
10.4. You shall provide us with all assistance as we shall request.
10.5. This Condition 10 shall survive the termination of the Contract.
11.1. We reserve the right to accept or refuse any Order and to cancel any uncompleted Contract with you, or to postpone any delivery under any Contract if you fail to observe or perform any of these Conditions.
12. Force Majeure
12.1. We will not be liable to you for failure to perform any obligation under the Contract to the extent that the failure is caused by a factor beyond our reasonable control.
12.2. We shall not be in breach of this Contract if our performance is prevented or delayed in whole or in part by reason of acts of God, or the consequences thereof, by reason of fire, flood, cyclone, hurricane, earthquake, riots, war, hostilities, governmental restrictions (whether of the United Kingdom or of other country), trade embargoes, strikes, lockouts, labour disputes of any kind, boycotting of goods, unavailability of transport or of loading facilities, wrecks, delays or damages in transport or any causes whatsoever and howsoever arising of a nature beyond our control.
12.3. If performance of a Contract is prevented or delayed in whole or in part by reasons of any of the above, we shall have the option: a. either to perform the Contract (or the unfulfilled part hereof as the case may be) within such time from the removal of the cause preventing or delaying performance as in all circumstances reasonable; b. or to rescind the Contract; and in either case to notify you in writing.
13.1. All patent, copyright, design, registered or unregistered trademark, confidential information, know-how or industrial or intellectual property right in all Goods and in the names “Hasso Fashion”, “Hasso”, “Hasso Accessories”, “Hasso Elements”, and any other logos or trademarks appearing in or on or used in relation to the Goods shall remain vested in the Company and no right to licence or other rights are granted under any contract to you in respect of any Intellectual Property rights.
13.2. You may not alter, remove, reproduce or redistribute any of the intellectual property.
13.3. We grant you a limited, non-exclusive and revocable licence to access our website for the purposes of browsing, ordering goods from us, or obtaining contact information for us.
13.4. Using this website or the services there does not give you the right to link to it, use any of the trade marks, designs
13.5. Your licence to access our website does not extend to the use of our website for the benefit of any commercial entity other than us.
13.6. Any unauthorised use of material on this site is strictly prohibited.
13.7. Shirt model photographs taken by Elzbieta Tomiak, http://fotoelkinson.pl, Facebook: https://www.facebook.com/fotoelkinson Instagram: https://www.instagram.com/foto_elkinson/ . Make-up by Magdalena Klonecka, Facebook: https://www.facebook.com/klonecka.makeup.artist, Instagram: https://www.instagram.com/klonecka_makeup/ .
14.1. All products are sold on the basis they are for personal domestic use only.
14.3. We reserve the right to change these Terms and Conditions from time to time and any changes will be communicated on our website.
14.4. We may assign or transfer any of our rights or subcontract any of our obligations under these Terms and Conditions to any third party.
14.5. You may not assign or transfer any of your rights or subcontract any of your obligations except with our specific permission in writing.
14.6. A person who is not a party to these terms and conditions shall have no right to enforce any term under the Contracts (Rights of Third Parties) Act 1999.
14.7. Failure or delay by us in enforcing or partially enforcing any provision of any Contract will not be construed as a waiver of any of our rights under the Contract.
14.8. The Customer and the Company acknowledge that these Conditions and Contract are reasonable, valid and enforceable. However, if any term, covenant, condition or provision of these Conditions is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties’ intent that such provision be changed in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of these Conditions will in no way be affected, impaired or invalidated as a result.
14.9. These Terms and Contract and any local agreements contain the entire terms and conditions of engagement between the Customer and the Company, such that all previous agreements, practices and understandings (if any) are superseded and of no effect. Where any external term is incorporated by reference such incorporation is only to the extent so stated and not further or otherwise.
14.10. Notices given under this agreement shall be in writing, sent for the attention of the person, and to the address or fax number, given in the Order details.
14.11. A notice is deemed to have been received, if delivered personally, at the time of delivery, in the case of fax or email, at the time of transmission if before 4pm or on the next working day if after 4pm, in the case of pre-paid first class post or recorded delivery, 48 hours from the date of posting.
14.12. These Conditions and all of our Contracts shall be interpreted in accordance with the law of England and Wales and any dispute or claim that arises out of or in connection with it shall be subject to the exclusive jurisdiction of the courts of England and Wales.