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Our Terms & Conditions
1. Use of the tallulahfashion.com website
The tallulahfashion.com website (the "Website") is made available to you by Tallulah Fashion ("We" "Our"/"Us").
By visiting the Website you are agreeing to comply with and be bound by the following terms & conditions, please read the terms & conditions carefully as if you do not agree to the terms & conditions you may not use this Website and should leave it immediately.
We may change the terms & conditions from time to time at Our discretion and We therefore ask that you carefully read the terms & conditions each time that you visit the Website as by using the Website you are agreeing to comply with and be bound by the terms & conditions that apply at the date of each separate visit to this Website (the "Terms").
By visiting the Website you are also accepting and consenting to the practices described in Our Privacy Policy which We also ask that you read carefully each time that you visit the Website.
2. Eligibility to Purchase
This Website is made available to you by Us solely for your personal use and any purchases made on the Website must not be used for resale or any commercial purpose or benefit.
If you are under 18 years of age We require that you inform a parent or guardian about Our Privacy Policy and Terms as well as requiring their consent to Our Privacy Policy and Terms before registering with Us or placing an order with Us.
To be eligible to make a purchase using Our Website you warrant that
(i) you are the account holder for the debit/credit card being used to make the purchase ("the Card") and that the Card is valid
(ii) the payment details that you provide on ordering are valid and correct
(iii) there are sufficient funds available on the Card at the date of purchase to cover the total purchase price of the order
(iv) you are the person referred to in the billing information provided
(v) the personal information which you are required to give in order to make a purchase is true, accurate and correct in all respects
3. Making a Purchase
We have endeavoured to ensure that We have pictured and described the items on Our Website as clearly and accurately as reasonably possible, however, if you have any questions, for example regarding colour, sizing or fit of certain items, please do not hesitate to contact Us before placing your order, either by telephone on 0845 519 3899 or by email sales@tallulahfashion.com during Our office hours of Monday to Saturday 9.30am to 5.30pm GMT.
When you use Our Website to place an order you are offering to make the purchase at the price stated subject to the Terms.
Prices shown on the Website are shown in pounds sterling inclusive of V.A.T. at the current rate with a link to enable you to convert the purchase total into Euros. Whilst We will endeavour to update the conversion rates on a regular basis, please treat these conversions as an approximate guide only, the final price charged will be calculated in accordance with the applicable exchange rate on the day that your debit/credit card company processes the transaction.
A delivery charge will be added to all purchases. The charge made will depend on the delivery service that you select. The delivery service options are detailed in Section 5 below. Please note that We currently only deliver to UK postcodes in England, Wales, Northern Ireland, Scotland and the Channel Islands, however, We hope to be able to offer a delivery service outside the UK in the near future.
We allow orders to be processed online or via telephone using a valid debit/credit card.
By making an offer to purchase you expressly authorise Us to perform credit checks and to transmit or to obtain information about you to or from third parties from time to time, including, without limitation, your debit/credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain credit card authorisation and to authorise individual purchase transactions.
All debit/credit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to Us, We will not be liable far any delay or non-delivery.
We take all reasonable care to make the Website as secure as is reasonably practicable. All debit and credit card transactions are processed using Protx, a secure online payment gateway that encrypts your card details in a secure host environment. We also give you the opportunity to securely store your debit/credit card details on Our systems these details will be fully encrypted and only used to process your transactions with Us.
In the absence of negligence on Our part We cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing and/ordering from the Website.
4. Acceptance of your Order
Once you have placed an order, We will send you an email to acknowledge the order details and the value of your order that will be debited from your debit/credit card. This is an acknowledgement of your order only and is not order confirmation or an order acceptance from Us. You must check that all the details on the order acknowledgement are correct and inform Us immediately if any changes need to be made to the details that you have supplied to Us.
We reserve the right to reject any offer to purchase by you, refuse to process a transaction, unwind or suspend any transaction once processing has begun and/or refuse service to you at any time in Our reasonable discretion, including, without limitation, in the event that an item you have ordered is out of stock or does not satisfy Our quality control criteria and is withdrawn, or We are unable to obtain authorisation for your payment, or We have identified a product or pricing error, or that shipping restrictions apply to a particular item, or you do not meet the eligibility criteria in Section 2 above. We shall not be liable to you or any third party by reason of any rejection, refusal, unwinding or suspension pursuant to this paragraph.
We endeavour to keep the stock levels on Our Website as up to date as is reasonably possible but cannot guarantee that any particular item will always be available.
Unless We have notified you that We are unable to fulfil your order or that We do not accept your order following submission of Our order acknowledgement, or you have cancelled your order, Our acceptance of your order and the completion of the contract between you and Us will take place when you receive an email from Us notifying you that We have despatched the items ordered by you. Our acceptance of your order will be deemed complete and received by you at the date and time of sending the email as specified on the email. The deemed time and date of receipt by you will apply irrespective of whether, for reasons outside of Our control, you have not received that email.
All new orders are deemed separate and each is treated individually.
Your use of the Website and any purchase by you of any item from the Website shall be governed by English law and you hereto submit to the exclusive jurisdiction of the English courts.
5 Delivery of your Order
International Delivery
We deliver worldwide. For postal options and charges and our terms & conditions please email us at sales@tallulahfashion.com with your address and the item(s) you are interested in ordering.
Delivery to UK postcodes in England, Wales, Northern Ireland, Scotland and the Channel Islands
All orders up to 2kg in weight will be sent to you via the Royal Mail Special Delivery Next Day service and will require a signature on receipt. All orders of 2kg or over will be sent to you via the Royal Mail Parcelforce Express 48 Hour service, which is a also a fully tracked service requiring a signature on receipt.
It is Our aim to ensure that your order is delivered as quickly and as securely as possible following Our receipt of your order and payment from you for that order. Using the Royal Mail Special Delivery and Parcelforce Express 48 Hour services, your order is sent through a dedicated secure network and is treated separately from standard post. You can check the progress of delivery of your order through to its destination on the Royal Mail’s track and trace system, a proof of posting receipt is issued to Us by Royal Mail and you can see an electronic copy of the signature of the recipient when the order has been delivered.
Please note that Royal Mail is not obliged to obtain the signature of the addressee of the order, it is your responsibility to ensure that either you or a trustworthy person on your behalf is available to sign for the order when it is delivered to the delivery address provided by you to Us, as We cannot be responsible for this.
All orders should be received by you on the next Working Day, or within 2 Working Days if sent by the Parcelforce Express 48 hour service, following notification by Us that your order has been despatched, however, please order with sufficient lead time to prevent any loss or disappointment resulting from the delivery time as We cannot be responsible for this.
On despatch of your order We will issue you with the online tracking number for your order which you can use to track the delivery of your order on the Royal Mail website - www.royalmail.com.
Your order is insured by Us while it is in transit until it is delivered to you. Risk in the items delivered will pass to you on delivery.
If you have not received your order within the expected timeframe please contact Us either by telephone on 0845 519 3899 or via email at sales@tallulahfashion.com during Our office hours of Monday to Saturday 9.30am to 5.30pm GMT.
6. Returns & Exchanges
If you are not completely satisfied with the items delivered to you by Us We will offer you a refund or exchange provided that the following requirements are satisfied:
A. In order to receive a refund or exchange the items that you wish to return must be unworn with all the designer labels & tags attached and in perfect condition. Items which are soiled or damaged will not be accepted and will be returned to you. All shoes should be tried on a carpeted surface before wear.
B. Please contact Us by telephone on 0845 519 3899 or via email returns@tallulahfashion.com during Our office hours of Monday to Saturday 9.30am to 5.30pm GMT within 48 hours of receiving your order so that We can issue you with a Returns Number. Please note that a Returns Number may not be issued after this 48 hour period and any items returned to Us without a Returns Number will not be accepted by Us and will be returned to you.
C. Please put the Returns Number on your sales receipt and enclose with the items that you wish to return.
D. Please send all items that you wish to return from the same order in the same return package to ensure that your return is processed promptly.
E. Items must be returned in their original packaging to ensure that the items are adequately protected in transit. Shoes must be returned in their original shoe box, shoe boxes need to be adequately protected as they are considered to be part of the product and your return may not be accepted if the box is not returned or the box is damaged.
Belts and any designer packaging such as authenticity cards, dust bags and leather tags supplied with the items that you wish to return must be included in your return as your return may not be accepted if these items are missing.
F. The items that you wish to return must be received by Us within 7 days following the date that those items were delivered to you, items returned outside this timeframe may not be accepted by Us.
G. Items should be returned to Us using the Royal Mail’s Special Delivery Next Day Service. Your Returns Number must be included in the address for return which is Returns Department (Returns No. [ ]) Tallulah Fashion, 1, Greenway, Weston Favell, Northampton. NN3 3BW. We advise that you take out any additional insurance that may be required to ensure that the items returned are adequately insured up to the purchase price that you paid for those items in the event that the items are lost or damaged in transit, as We cannot be responsible for any such loss or damage.
H. Refunds for an item or items satisfying Our returns policy specified above will be credited to the original purchaser’s credit card less the delivery costs charged by Us to deliver the order which included the returned item or items.
I. An item or items may be exchanged for another item or items of the same or greater value provided that you pay the cost difference between the items or items that you wish to exchange and the new item or items that you wish to purchase plus a delivery charge for the delivery of the new item or items, that delivery charge will be the charge relevant to the special delivery service that you request as specified in Section 5 above.
J. Please note that our returns policy does not affect your statutory rights.
All content contained on the Website, including, without limitation, photographs, graphics, images, logos, data, code, text, software and the compilation of the same ("Content") and all copyright, design rights, trademarks and all other intellectual property rights relating to the Content ("Intellectual Property") shall, as applicable, remain vested in Us and/or the property of the respective owner of the relevant Content and Intellectual Property. All such Content and Intellectual Property is protected by UK and international copyright laws.
Except as specified in Section 8 below, neither the Content, the Intellectual Property, nor any part thereof, may be used, reproduced, copied, sold, modified or otherwise exploited for any purpose without Our prior written consent.
8. Limited Licence
We grant you a limited, revocable and non- exclusive licence to access and make personal use of the Website. You may not use the Website, or any of its content, to further any commercial purpose, including, without limitation, any advertising or advertising revenue generating activity on your own website. You agree that you shall be personally responsible for your use of the Website and for all communication and activity on the Website. We reserve the right to deny you access to the Website, or any part of the Website, on a temporary or permanent basis at any time without notice if We determine, in Our sole discretion, that you are engaged in prohibited activities, or otherwise violated the Terms.
9. Third Party Links
We may include hyperlinks on the Website to other websites operated by parties other than Us. We may not have reviewed all of the sites linked to the Website and We are not responsible for the content or accuracy of any off-site pages or any other websites linked to or from the Website. We are not responsible for the availability of any off-site pages or websites and do not endorse and are not responsible or liable for, directly or indirectly, the privacy practices, terms or content of such websites, including, without limitation, any advertising, products or other materials or services on or available from such websites, nor for any loss, damage or offence caused or alleged to be caused by or in connection with the use of or reliance on any such content, products, materials or services available on such websites.
10. Representations & Warranties
We make no representations or warranties, express or implied, in connection with the Terms, the Content, the Intellectual Property or the Website, including, without limitation, representations and warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, compatibility, security, any implied warranty arising from course of dealing or usage or trade, non-infringement of third party rights and reasonable skill and care, except to the extent that such representations and warranties cannot be legally excluded and nothing in these Terms shall limit your statutory rights as a consumer under English Law.
11. Limitation of Liability
You agree that, to the fullest extent permitted by applicable law, We shall not be liable, in contract, tort or otherwise, under any circumstances for:
A. the withdrawal of any Content, in whole or in part, permanently or temporarily from the Website at any time without notice ;
B. the need to replace or service property, material, equipment or data as a result of viruses or other harmful components arising from your use of the Website, including, without limitation during hyperlink to or from third party websites;
C. the security or privacy of this Website and any information provided to or taken from the Website by you;
D. any interruption of business;
E. any access delays or access interruptions to the Website;
F. any data non-delivery, mis-delivery, corruption, destruction or other modification;
G. any loss or damage incurred as a result of dealings with or the presence of off-Website links on the Website;
H. any inaccuracies, omissions or misleading, false or deceptive statement in the Content;
I. Events beyond Our reasonable control.
You agree that except for death and personal injury arising from Our negligence We will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise arising out of or in connection with this contract for any economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any direct, indirect, special, incidental or consequential losses whether or not such losses were incurred by you arising out of or in connection with the provisions of any matter under the Terms. In no event shall Our aggregate maximum liability exceed one hundred pounds (£100).
12. Disputes
Any dispute relating in any way to your visit to the Website and any purchase by you from the Website shall be submitted to confidential arbitration in London, except that to the extent that you have violated or threatened to violate Our intellectual property rights We may seek injunctive or other appropriate relief in the English Courts and you consent to the exclusive jurisdiction of the English Courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the International Chamber of Commerce. The arbitrators award shall be binding and may be entered as a judgement in any court of competent jurisdiction. To the extent permitted by applicable law no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement, whether through class arbitration proceedings or otherwise. To the extent that arbitration is not permitted by applicable law any dispute relating in any way to your visit to the Website shall be submitted to an appropriate court or other judicial body in London, and all applicable provisions of this Section 12 shall apply.
13. Indemnification
At Our request you agree to fully defend, indemnify and hold Us, Our officers, directors, agents, affiliates, licensors and suppliers harmless from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach by you of the Terms or any other liabilities arising from your use of the Website, or the use by any other person accessing the Website using your internet account. We reserve the right at Our expense to assume the exclusive defence and control of any matter subject to indemnification by you hereunder.
14. Our Relationship
You acknowledge and agree that no joint venture, partnership, employment or agency relationship exists between you and Us as a result of the Terms or your use of the Website. You agree that you shall not hold yourself out as Our representative, agent or employee and We shall not be liable for any representation, act or omission on your part.
15. Entire Agreement
You acknowledge that these Terms together with Our Privacy Policy constitutes the entire agreement between you and Us concerning your use of the Website and any purchase by you of any items from the Website and supersedes all previous proposals, agreements, understanding, arrangements, undertaking and communications, written or oral, between you and Us in relation to such matters.
In the event that any other rules, code of conduct or other matter posted on the Website conflicts with the Terms, the Terms shall take precedence.
No oral explanation or information given by you or Us shall alter the interpretation of the Terms.
You confirm that in agreeing to be bound by and comply with the Terms you have not relied on any representation save insofar as the same has expressly been made a representation in the Terms and you agree that you shall have no remedy in respect of any misrepresentation, excluding any fraudulent misrepresentation, which has not become a provision of the Terms.
16. No Waiver
If any provision of the Terms is held to be illegal, invalid or unenforceable, in whole or in part, the Terms shall continue to be valid as to the other provisions and the remainder of the affected provision. Any waiver of any provision of the Terms by Us shall not be deemed a waiver of any subsequent breach or
default and shall in no way affect the other provisions of the Terms.
17. Governing Law
Your use of the Website and any purchase by you of an item from the Website shall be governed by English Law and you hereto submit to the exclusive jurisdiction of the English Courts.
18. Contact Us
If you have any questions concerning these Terms or wish to file a complaint please contact Us via email at customerservices@tallulahfashion.com or by telephone on 0845 519 3899 during Our office hours of Monday to Saturday 9.30am to 5.30pm GMT.
