Terms And Conditions

TERMS AND CONDITIONS FOR THE SUPPLY OF PRODUCTS:

This page, together with the documents referred to on it, tells you the terms and conditions on which we supply any product or products (Product) listed on our website at www.summerrose.me (Our Site) to you. Please read these terms and conditions carefully before ordering any Products from Our Site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. For information on how we process any personal details you may provide to us, please see our Privacy Policy.

1. INFORMATION ABOUT US

www.summerrose.me is a website selling goods and clothing, trading as “Summer Rose” with a trading address at 272 Bath Street, Glasgow G2 4JR. For more information please contact us.

2. YOUR STATUS

By placing an order through Our Site, you warrant that you are legally capable of entering into binding contracts

3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

After placing an order on our Site, you will receive an e-mail from us acknowledging that we have received your order. The contract between us (Contract) will be formed when we receive full payment from you. You will receive a further email once the order has been dispatched (Dispatch Confirmation)
You will be shown a summary of your order before you confirm it and you will be able to go back at that stage to correct any errors. You cannot change your order once you have confirmed it by pressing the “Confirm Order” button.

4. CONSUMER RIGHTS TO CANCEL AND RETURN

If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you receive the Product.

To cancel a Contract, you must inform us by email at info@summerrose.me or by post in writing to Summer Rose, 272 Bath Street, Glasgow, G2 4JR. You must return the Product(s) to us immediately and at your own cost and risk. You have a duty to take reasonable care of the Products whilst they are in your possession. If you cannot prove that you returned the Product in an appropriate way, you will bear the cost of any loss or damage to the goods in transit. If we do not receive the product back from you, we may, at our discretion, arrange for the product to be collected at your cost. Please return Products with all original tags and/or labels attached.

Enclosed with all deliveries is a returns form. You must enclose the completed returns form with your return. Details of your right to cancel and an explanation of how to exercise it will also be provided in the return form. This provision does not affect your statutory rights.

You will not have any right to cancel a Contract for the supply of any Product which is made to your specifications or clearly personalised or Products which by reason of their nature cannot be returned, such as nylon tights.

We will only accept cancellation of orders for Products such as undergarments, socks and pierced jewellery where the Product(s) are returned with the hygiene seals and all tickets intact.

Once we receive the Product back from you, we will process your refund within 14 days. We will refund the price you paid for the Product in full, including the cost of sending the item to you provided that the whole of the order is returned. If only part of the order is returned we are not obliged to refund the cost of delivery.

We will attempt to refund any money received from you using the same method originally used by you to pay for your purchase. If the date on your payment or credit card has expired or for any reason the original card has been cancelled, please contact us info@summerrose.me so that we can update your payment type and ensure that your refund gets processed correctly.

The provisions of this Clause 4 will not apply to the return of any Products under our Refunds Policy or Products which are faulty or mis-described or do not match your order (see Clause 9).

5. AVAILABILITY AND DELIVERY

The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
While we will make every effort to deliver your order by the estimated delivery date, delays are possible due to unforeseen factors and we cannot accept any liability for any loss as a result of any such delay. Where we are made aware of a delay in dispatching your order, we will make you aware of this as soon as we can and if you do not agree to any revised delivery date then you will have the right to cancel the Contract and we will refund the price of the goods including postage and packaging if you have already paid this within 30 days of the cancellation.

Please note that some area restrictions may apply in respect of your delivery.

If your delivery address is within the UK, the delivery options available are UK Standard Delivery and UK Next Day Delivery. To use the UK Next Day Delivery service, you must place your order by 2pm on a working day and it will be delivered for 1pm the next working day. If your delivery address is outside the UK, your order can only be delivered by International Delivery. You can refer to our website for a rough guide as to the estimated delivery dates and charges applicable to each type of delivery. However, we will notify you of the specific delivery charges applicable to any particular order and the estimated date of delivery before you complete your order.

A signature will be required when your Products are delivered. If you have not received your order within 14 days of the estimated delivery date, please contact us at info@summerrose.me

6. IMPORT DUTY

If you order Products from Our Site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Import duties and taxes will not be refunded by Summer Rose in any circumstances.

Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.

7. RISK

The Products will be at your risk from the time of receipt of the Products at the delivery address.

8. PRICE AND PAYMENT

Payment for the Products and all applicable delivery charges is in advance.
The price of any Products will be as quoted on Our Site from time to time, except in cases of obvious error. These include any applicable VAT but exclude delivery costs which will be added to the total amount due as set out in clause 5. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

Our Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on Our Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on Our Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

Payment Methods Payment for all Products must be by credit or debit card. We accept payment with Visa, American Express and Mastercard. We will not charge your credit or debit card until we are ready to dispatch your order confirmation.

9. OUR REFUNDS POLICY

Please note that this policy does not affect the Consumer right to cancel within the seven-day cooling-off period (see Clause 4).

You can also return your Products to us:
if the Product is defective;
where the product we have delivered does not match your order;
where the Product has been mis-described;
for any other reason providing you return the product within 7 days of receiving the Product.

In relation to clauses 9.1.1, please note that Products which are damaged as a result of normal wear and tear are not considered to be defective. Unfortunately we cannot accept return of goods which cause a hygiene concern such as undergarments, socks and pierced jewellery under clause 9.1.4 above.

If you decide to return your Product, please let us know immediately by sending an email to us at info@summerrose.me. You must then post the Product back to us within 7 days of sending this email. Where possible, we will offer to repair faulty items. If this is not possible, we can either replace or refund your product. If you are returning items in terms of clause 9.1.1 or 9.1.2 please indicate in your initial email whether you wish a replacement or a refund (in the case of clause 9.1.1 if repair is not possible). If you would like a replacement please note that, in respect of returns pursuant to clause 9.1.1, we can only change it for the same product in the same size. In relation to returns pursuant to clause 9.1.2, we can only change it for the correct product according to your order. Replacements are always subject to availability. If there is a lack of availability, you are entitled to a refund in terms of clause 9.11.

We will process any refund due to you as soon as possible. We shall:
notify you as to whether you are eligible for a refund or replacement via e-mail within a reasonable period of time beginning from the day we receive the returned Product.
return the original Product to you if we determine that you are not eligible for a refund or replacement.
usually refund any money received from you using the same method originally used by you to pay for your purchase.

If a refund is due we will refund:
in relation to Products returned in terms of clause 9.1.1, 9.1.2 or 9.1.3, the price you paid for the Product in full, together with a refund of the delivery charge incurred by you in relation to the Products being sent out and the cost of returning the Product to us.
in relation to Products returned in terms of clause 9.1.4, the price you paid for the Product in full only.
We will process and send out a replacement due for Products returned in terms of 9.1.1 or 9.1.2 within 30 days of the day that we receive the original item from you.
No delivery charge will be levied in relation to Products sent out to replace those returned in terms of 9.1.1 or 9.1.2. The replacement Product will be sent out using either standard UK or International Delivery as appropriate.

10. OUR LIABILITY

Our liability for losses you suffer as a result of us breaking this Contract is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
This does not include or limit in any way our liability:
For death or personal injury caused by our negligence;
Under section 2(3) of the Consumer Protection Act 1987;
For fraud or fraudulent misrepresentation; or
For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
loss of income or revenue
loss of business
loss of profits or contracts
loss of anticipated savings
loss of data, or
waste of management or office time however arising and whether caused by delict (including negligence), breach of contract or otherwise, even if foreseeable;
Provided that this Clause 10.3 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of Clause 10.2 or any other claims for direct financial loss that are not excluded by any of categories inclusive of this Clause 10.3.

11. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using Our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

12. NOTICES

All notices given by you to us must be given to Summer Rose at 272 Bath Street, Glasgow, G2 4JR. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in Clause 11 above. Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

13. TRANSFER OF RIGHTS AND OBLIGATIONS

The Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

14. EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation); strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications network or the acts, decrees, legislation, regulations or restrictions of any government.

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.

15. WAIVER

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Clause 12 above.

16. SEVERABILITY

If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

17. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. This will not affect any existing contract with you in respect of any particular order. If your order is still pending acceptance from us, we will advise you of the change to our terms and conditions and you will have the opportunity to cancel your order.

18. LAW AND JURISDICTION

Contracts for the purchase of Products through Our Site will be governed by Scots law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of Scotland and, if you are a resident of the EU, the non-exclusive jurisdiction of the part of the UK (or other EU member state) in which you are resident.

19. CONSUMER RIGHT OF RETURN

If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you receive the Product. Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed.
To cancel a Contract, you must inform us by email to info@summerrose.me or by post in writing to Summer Rose, 272 Bath Street, Glasgow, G2 4JR.

You must also return the Product(s) to us immediately and at your own cost and risk. We recommend, for security purposes, that you insure the parcel returning the Product(s) for the value of the goods and retain all records of delivery. If you cannot prove that you returned the Product in an appropriate way, you will bear the cost of any loss or damage to the goods in transit. If we do not receive the product back from you, we may, at our discretion, arrange for the product to be collected at your cost.

Products should ideally be returned in their original packaging to ensure they are adequately protected in transit, otherwise you may not comply with your duty to take reasonable care.
While you are allowed to inspect the Product it must be returned to us unused. You have a legal obligation to take reasonable care of the Products while they are in your possession.
Please return Products with all original tags and/or labels attached.

Enclosed with all deliveries is a returns form. You must enclose the completed returns form with your return.

You will not have any right to cancel a Contract for the supply of any Product which is made to your specifications or clearly personalised or Products which by reason of their nature cannot be returned, such as nylon tights.

We will only accept cancellation of orders for Products such as undergarments, socks and pierced jewellery where the Product(s) are returned with the hygiene seals and all tickets intact.
We will process any refund due to you within 30 days of the day you gave notice of your cancellation.
We will refund the price you paid for the Product in full, including the cost of sending the item to you provided that the whole of the order is returned. If only part of the order is returned we are not obliged to refund the cost of delivery.

We will attempt to refund any money received from you using the same method originally used by you to pay for your purchase. If the date on your payment or credit card has expired or for any reason the original card has been cancelled, please contact us at info@summerrose.me so that we can update your payment type and ensure that your refund gets processed correctly.

Please see our Terms and Conditions for other rights of return you may have.

Other statutory rights

You can obtain more information about your statutory rights on Advice guide, a Citizens Advice web site at: http://www.adviceguide.org.uk/

Further Information

www.SummerRose.me is a site selling fashionable goods and clothing. Our main trading address is:

Summer Rose
272 Bath Street
Glasgow
G2 4JR

Payment

Payment for all Products must be by credit or debit card. We accept payment with PayPal and accept Mastercard, Visa and American Express.

Complaints
If you wish to make a complaint in relation to SummerRose.me you can do so by writing to:
Summer Rose
272 Bath Street
Glasgow
G2 4JR