Terms and Conditions
What's In These Terms?
These terms tell you the rules for using our website https://www.scarlettgasque.com/ (Website) and for buying products through our Website (via our social media pages or otherwise). These terms are not very long and we recommend that you read them to make sure that you're happy to go ahead with us (reading them takes just 10 mins and we've tried to make them as easy to understand as possible!)
Our Website is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
If you are just browsing our Website, terms 1 – 6 apply to you.
If you buy any of our products from us, terms 1 – 11 apply to you.
If you buy any of our gift cards, terms 1-6 and 12 apply to you.
Who We Are And How To Contact Us
Our Website is operated by Scarlett Gasque Ltd. We are a private limited company, registered in England and Wales under company number 14305881. Our registered office address is Carpenter Court 1 Maple Road Bramhall Stockport Cheshire SK7 2DH (Scarlett Gasque, we, our or us). Our registered VAT number is 445 5111 15.
By Using Our Website You Accept These Terms
We May Make Changes To These Terms And Our Website
We may amend these terms and our Website from time to time. Every time you wish to use our Website, please check these terms to ensure you understand the terms that apply to our Website at that time.
We will try to give you reasonable notice of any major changes.
Our Responsibility To You
We will not be liable to you in any way, for any loss that you suffer, if you cannot use our Website. We only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes. If you do so, we limit our liability to you for any loss of profit, sales, business or revenue; loss of business, business interruption, or loss of business opportunity; any loss of reputation or goodwill; or any losses which are not foreseeable or are not obvious when you use the Website to the maximum amount that we are allowed to do so by law and up to a maximum amount of the value of the products that you have purchased. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you agreed to these terms, both we and you knew it might happen.
Just so we are all clear, we do not exclude or limit in any way our liability to you where it would be unlawful for us to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including for defective products.
Other Terms That Apply To You
Our Privacy Notice https://www.scarlettgasque.com/pages/privacy-policy which covers how we use your personal data, also applies to your use of our Website and purchase of our products.
- Our Cookies Policy, which sets out the cookies we use on the Website, also applies to your use of our Website.
- Although we make reasonable efforts to update the information on our Website, we do not represent, warrant or guarantee (or in other words, give you a promise) that our Website, or any content on it, will always be available, accurate, error free, uninterrupted or secure. Again, to the maximum amount we are allowed to by law, we do not accept any liability arising from any errors, omissions, interruptions or delays or any ongoing obligation or responsibility to operate and provide our Website (or any particular part of it).
- We may suspend or withdraw or restrict the availability of all or any part of our Website at any time but we will try to give you reasonable notice of any suspension, withdrawal or restricted availability where we reasonably can. This may be, for example, because we need to deal with technical or security issues on our Website or we need to update a product to reflect changes in relevant laws and regulatory requirements. We will try our best to let you know beforehand but this may not always be possible.
- You are not allowed to use our Website for illegal purposes, nor are you allowed to upload any viruses or other harmful material on to our Website or to try to access or change our Website's underlying code. We try our best to make sure that no viruses or other harmful material enter our Website but we cannot guarantee that this will always be the case. If someone does manage to upload a virus or other harmful material onto our Website, we will not be liable to you for any losses or damage you suffer. We recommend that you use virus protection software.
- Where our Website contains links to websites and resources provided by other people, we have no control over, and are not responsible for, these links – so you need to treat such links with caution.
- You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation. You must not link in any way that suggests any form of endorsement by us and you must take down such links or related posts if we ask you to do so. You can only link to websites that you own, and we can request that you withdraw your link at any time and you must promptly comply.
- If you do anything illegal, or we think you are going to do anything illegal, we will share this information and your details with the relevant authorities. We may then also suspend or delete your account.
- We are the owner or the licensee of all intellectual property rights in our Website and in the material published on it. Those works are protected by copyright and other laws around the world. You must not use any illustrations, photographs, video, graphic or other content on our Website in any way without our permission.
- We may transfer our rights and obligations under these terms to another organisation.
- These terms are governed by English law and any claims relating to these terms must be brought in the courts of England only (except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland).
I Want To Buy A Product
The following terms 7 – 11 also apply if you want to buy any products from Scarlett Gasque.
- You can search our Website for different products and, once you have found a product that you like and want to buy, you can easily add it to your basket.
- If you are in the UK and choose to have your products shipped to the UK, the price of your products will be inclusive of VAT. If the country of shipment is outside the UK but within the EU and dependent territories, prices will be shown in euros inclusive of VAT. All other countries are shown a price excluding VAT as no VAT will be due on these orders.
- Please note that if you are shipping items internationally, you may need to pay import duties upon receipt of the products. We will notify you during the check-out process if import duties are included. Unfortunately, we have no control over these charges and we cannot advise on their amount. The payment of any such import duties or taxes is your responsibility. Before placing your order, please contact your local Customs office for further information and a ‘landed cost estimate’. We are not responsible for items confiscated or delayed by local Customs authorities. It is your responsibility to comply with all requirements imposed by the local Customs authority in relation to your order. This may include the provision of identification information so you are able to receive your order. Before placing an order, we recommend that you make yourself aware of local import duties or other requirements. We will not be liable or responsible if you breach any such laws.
- Once a product is in your basket, you can go through the online payment process to pay for the products. The final price will be shown during the check out process, and by clicking "Pay now" you confirm that you are happy for us to charge you the price for the product. Our check out process gives more detail on the forms of payment we accept. Your card will be charged in the currency you choose. For example, if you are in Australia and shipping your products to Australia, products will be shown in AUD$.
- We accept your order for a product when we email you to accept and confirm it. At this point, you will enter into a binding contract with us for the products. This email will also set out confirmation of the product you have bought from us and our suggestions for other products that you might find interesting.
- If you have ordered one of our corsets, one of our personal representatives will be in touch with you to discuss the sizing of the product you have ordered to make sure you have the right size.
- There may be times where we cannot accept your order for a product, for example if we have identified an error in the price of the product. Where this happens, we will let you know and will not charge you for the product. If we have already accepted and processed 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 any sums you have paid and require the return of any goods provided to you (please see paragraph 8 for further information).
- In order to buy any of the products on our Website you need to:
- click on any product that you'd like to buy, and then add it to your bag;
- click the shopping bag icon at the top of the Website and click "check out" (or alternatively choose an express payment option below the "check out" button which will take you to immediate payment);
- provide your contact details and shipping address and click on the "Continue to shipping" button;
- choose your shipping method and click on the "Continue to payment" button;
- provide your payment information and billing address (you'll be shown a breakdown of the product price and any applicable taxes and delivery costs on the right hand side); and
- place your order by clicking on the "Pay now" button at the end of the checkout process.
- We use a third party provider for delivery called InXpress, an international shipping provider. The costs of delivery will be displayed to you on our Website. We will contact you with an estimated delivery window at the time of checkout.
- If our supply of products is delayed by an event outside our control, we will contact you as soon as possible to let you know and will take steps to minimise the effect of the delay. If we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you can contact us to end the contract and receive a refund for any products you have paid for but not received.
- To understand your cancellation rights please read term 9.
- The images of the products on the Website are for illustrative purposes only and we can't guarantee that what you see from your device accurately reflects the actual colour of the products. This means that what you buy (including any product packaging) may vary slightly from those images. For all our garments, we provide an indication of sizes, please ensure you read the sizing table carefully before ordering your product.
- The products sold by us are those featured on the Website on the day on which you access the Website, subject to availability. We try to report any permanent or temporary unavailability of our products on the information page describing each product or at the time you place the order. Sometimes, we will give you the possibility of making an advance payment for certain items which are not yet in stock (a pre-order). This will ensure that you receive this item in priority once we receive it.
- The price of our products (including an applicable VAT) will be the price indicated on the order page when you place your order. Although we try to make sure that the price shown on the Website and order page are accurate, some of the prices may be incorrect. If we find a mistake in the price of a product you have ordered, we won't be able to accept your order and we'll contact you as soon as possible to give you the choice to either go ahead with the order or cancel it. If we can't reach you we'll treat your order for the incorrectly priced product as cancelled.
- We reserve the right to refuse orders where product information has been published incorrectly, including prices, promotions, discount codes or coupons, or where there has been a technological error.
- If you wish to make a change to the product you have ordered please contact us at firstname.lastname@example.org. 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 term 9).
Not Happy With Your Products?
- We have a 14 day return policy, which means you have 14 days after receiving your item to request a return. To cancel and return your order, you can contact us at email@example.com. If your return is accepted, we’ll send you a return shipping label, as well as instructions on how and where to send your package. Products sent back to us without first requesting a return will not be accepted.
- You'll need to send us the products in their original condition within 14 days from the day on which you receive your order. You'll also need the receipt or proof of purchase. We will pay the costs of return: (a) if the products are faulty or misdescribed; (b) if you decide not to continue with the order because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong. In all other circumstances, including where you exercise your right to change your mind, you must pay the costs of return.
- Provided that the products have not been opened, unsealed, damaged or used, we'll reimburse you for the total cost of the products within 14 days from the date on which we receive the products from you. We'll reimburse you using the same method you used to buy the products.
- All our underwear should be tried on over underwear. We are unable to offer refunds or exchanges on products that have been damaged, used, had the strip removed or if the items are soiled (unless they're faulty or not fit for purpose). We cannot accept returns on sale items or gift cards (please see below at term 12 for more information on our gift cards)
- If you are eligible for a refund, we will give you a refund using the same method you used to pay for the Product and you should receive your refund within 14 days of your cancellation. Please remember that it can take some time for your bank or credit card company to process a refund.
- If you would simply like to change your mind about a product you have bought, you can also cancel your order within 14 days of your purchase and receive a refund. To exercise the right to cancel, you must inform us of your decision to cancel your contract by a clear statement, including details of your name, details of the products you wish to cancel and email address. You can use the example form at term 1, if you like.
- we have told you that there has been a mistake in the price or a material mistake in the description of the product after you have purchased it and you do not want to pay the price difference; or
- we have to make any major changes to terms 7 to 11 after you have bought the product, and you do not agree with the changes,
you can cancel your order for the product and you will receive a full refund. If you want to cancel your product, you have to let us know within 7 days of receiving our email telling you of the issue.
Not Happy Or Have Any Further Questions?
We hope that you enjoy our products and so let us know as soon as possible if you have questions or complaints, by emailing us at firstname.lastname@example.org. We will try our best to reply to your email within 7 days.
To: Carpenter Court 1 Maple Road Bramhall Stockport Cheshire SK7 2DH on 30 March 2023
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract for the supply of the following Products:
Ordered on [*]/received on [*],
Name of customer(s):
Address of customer(s):
Signature of customer(s) (only if this form is notified on paper):
[*] Delete as appropriate
Our gift cards are sold subject to the following terms:
- Gift cards do not expire.
- Our gift cards can be redeemed against all products available on our Website.
- Gift cards cannot be returned or reloaded or refunded and are non-transferable.
- Gift cards can be purchased with a debit or credit card.
- If you return products you have purchased using a gift card, the remaining balance will be added to your account as credit and can be redeemed against subsequent orders.
- Scarlett Gasque is not responsible if a gift card is lost, stolen, destroyed or used without your permission.
- You may not redeem a gift card if you are not the local recipient.
- We reserve the right to cancel a gift card if we deem such action necessary.
- Gift cards are exempt from duty and tax.
- Our gift cards are electronic and no delivery charges apply to our gift cards. If you purchase a gift card alongside other products, then our standard delivery charges will apply.
SCARLETT GASQUE MOBILE TERMS OF SERVICE
Date last updated: [30/05/2022].
The Scarlett Gasque mobile message service (the "Service") is operated by Scarlett Gasque (“Scarlett Gasque”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Scarlett Gasque’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Scarlett Gasque through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Scarlett Gasque. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to ScarlettGas or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Scarlett Gasque mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to ScarlettGas or email email@example.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.