You have no items in your shopping cart.
You have no items in your shopping cart.
TERMS AND CONDITIONS – Dark Fashion Clothing
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site - you may wish to print this page out for future reference.
Company contact details
Dark Fashion Clothing, 35 High Street, Ayr, KA7 1LU
Telephone – +44 (0)1292 811088
At busier times you may reach our answer machine. Please do leave a message and we will contact you as quickly as possible.
These terms and conditions are subject to change at any time. Any changes will take effect from the date published at the bottom of this page. It is the customers responsibility to read the Terms and Conditions every time they use this website and continued use of this website will signify the customers acceptance to be bound by the current terms and conditions. We recommend that you print and keep a copy of these terms and conditions at the time of ordering.
If you do not wish to order over the internet, alternatively you can call us on 01292 737474 and place your order over the phone.
On This Website
“We” and “us” refers to Dark Fashion Clothing
“You” means the person using this website.
Ordering from Dark Fashion
By providing your payment details and clicking the Complete Order button to submit your order on the checkout screen you are making an offer to purchase goods at the price stated, subject to our terms and conditions. A binding contract is formed if we are given payment authorisation from your payment card issuer and if your order is accepted by us.
Orders will only be despatched once we have received authorisation from your payment card issuer. We will not be liable if there is a delay and we will not accept your order if payment is not authorised.
We do not have to accept your order and may not accept the order if your payment is not authorised, or we do not have the goods in stock, or there is an error on our website regarding the price of items ordered or other details of the items.
To order goods from Dark Fashion Clothing you must be at least 18 years of age, or if under 18 you must have the consent of your parent or guardian. All prices are shown in GB Pounds. Prices include VAT.
Pricing and Payment
Prices shown on this website apply exclusively to items purchased through this website.
While we make every effort to ensure that the goods shown on our website are currently available at the price shown, we cannot guarantee that this will always be the case. If goods you have ordered are unavailable, you will be notified as soon as possible
If there is a pricing error on this website or in the ordering process, we will inform you of the error as quickly as possible and offer you the option of purchasing the goods at the correct price or cancelling your order. If we are unable to contact you to notify you of an error we will cancel your order.
We accept on-line payment by all the major credit and debit cards, including Mastercard, Visa, Maestro and Paypal. We also accept all credit and debit cards carrying the Mastercard or Visa logos.
Personalised and Custom Made Goods
When you purchase customised or personalised goods, you will be notified of an approximate delivery time. “personalised” or “special order” refers to items which are altered, for example engraved for you, or items which are specially ordered for you.
Unless you have statutory rights to reject the goods, items made to a customers specification such as custom made rings or personalised goods (for example specially engraved items) are non returnable. Personalised and custom made goods cannot be exchanged or refunded, except for cases of faulty merchandise, this does not affect your statutory rights. Please see https://www.gov.uk/consumer-protection-rights for more information about your statutory rights.
If you return goods to us that are outside of our returns policy and your statutory rights do not apply, we will not refund you. We will return the item to you at your expense. If the item is returned again or you refuse to accept delivery, this will be deemed to be an irreversible instruction for us to dispose of the goods as we see fit without further notice.
Delivery and Returns Goods priced at £20 or over will be sent via Royal Mail Recorded or Special Delivery within Mainland UK. A delivery charge will be added to the price of your goods for most international deliveries. We will not charge for delivery of UK orders.
All deliveries to non-UK addresses will be sent via “Royal Mail International Signed For” Service or c"UPS" or “Fedex”. Delivery charges will vary depending on the destination, value and urgency of the delivery. A signature is required for proof of delivery.
If we accept your order, stock items will be sent out once we have authorisation from your payment card issuer. We will provide information from the date of processing your order of the approximate delivery time scale for all items that are made to order.
Proof of posting can be produced upon request and all items are insured for loss in the post. In the event of loss, a replacement will be posted out once it has been confirmed that the package has been lost in the post.
If your order is needed for a specific date, you must notify us immediately so that we can advise whether delivery is possible. We reserve the right to refuse any order. If an item is temporarily out of stock and/or delivery is anticipated to be greater than that indicated for the item, we will contact you by e-mail or telephone to agree a new delivery date.
Cancelling your order before despatch
For stock items you may cancel your order at any time before despatch but you must inform us by email or in writing. Please note that we cannot cancel special order or custom made items, such as engraved or made to order products.
If you cancel part of an order the delivery charge will be recalculated on the price of the goods you keep.
Returns and Exchanges
Goods can be returned for refund or exchange for a period of up to 30 days from the day after delivery of the goods, if you are in any way unhappy with your purchase or for any other reason, this includes any statutory cooling off period. Please note that goods returned to Dark Fashion Clothing must be returned in their original condition and packaging. We cannot refund or exchange for products which are custom made or engraved for you or for earrings, body jewellery, underwear and swimwear due to the British Hygiene laws, except for reasons of statutory rights.
The customer is responsible for the return postage to us. We recommend that you use Royal Mail Special Delivery which ensures the item is insured against loss. Customers posting from countries other than the UK will need to consider customs charges for sending to the UK as we will not be held liable in paying these fees and will refuse to collect item(s) from the sorting office that require a fee to paid by ourselves. If you wish to return any products, it is your responsibility to take reasonable care of the products whilst in your possession. Products must be returned in their original packaging and must be in original condition and unworn. A refund will be credited to the credit card account used to pay for the goods within 30 days. We are not able to refund any delivery charges for international orders. Wilful, malicious damage or negligence will void any rights you have to take advantage of our refund or exchange policies.
Whilst we try and ensure that the photographs of the items are as realistic as possible, because some of our jewellery is handmade some items may differ slightly to those shown. We try to ensure that all product descriptions, pictorial representation, pricing and availability are accurate on our website but errors may occur. We will contact you upon discovery of an error and give you the option of reconfirming your order or cancelling. Images may not show the actual size of items. All sizes, weights and measurements are approximate and are included for guidance only.
You shall not use the website in any way that will damage it or interrupt its provision, also you shall not use the website to post or transmit any computer viruses.
We are unable to guarantee that the website is free from computer viruses and you should take your own precautions with regards to this.
We endeavour to ensure the website is always available, however this is not always possible, and we are not liable if the website is not available.
Access to the website could be suspended temporarily and without notice for maintenance, repair or other reasons beyond our control.
Termination of the website or services
We reserve the right to terminate the website or remove any of the services on it with immediate effect at any time, for example if: .there is a change in the law that limits our ability to provide the website .an event beyond our control stops us providing the website (eg: technical difficulties).
Changes to Terms & Conditions
We reserve the right to change these Terms & Conditions of use from time to time. If this happens, we will notify you by posting the new Terms & Conditions of use on the website. If you do not wish to be governed by the revised Terms & Conditions of use, please stop using the website.
We take no responsibility for any loss or damage suffered as a result of our "order online" service, or goods supplied using it, except as required by law, even if we could have foreseen the loss, or the possibility of it was brought to our attention.
We remain liable for: loss, damage, death or personal injury resulting from our negligence, fraudulent misrepresentations or the quality of our goods These terms and conditions do not affect your statutory rights. For more information please visit Consumer Rights: https://www.gov.uk/consumer-protection-rights
Please note that although we will endeavour to deliver your goods by the estimated delivery date, due to circumstances beyond our reasonable control such as adverse weather conditions, we cannot guarantee delivery by this estimated delivery date.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Dark Fashion Clothing. The collective work includes works that are licensed to Dark Fashion Clothing. Copyright 2003, Dark Fashion Clothing ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Dark Fashion Clothing or purchasing Dark Fashion Clothing products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Dark Fashion Clothing or to purchase Dark Fashion Clothing products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Dark Fashion Clothing. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Dark Fashion Clothing used in the site are trademarks or registered trademarks of Dark Fashion Clothing
Dark Fashion Clothing may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Dark Fashion Clothing.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Dark Fashion Clothing or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Dark Fashion Clothing does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Dark Fashion Clothing is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Dark Fashion Clothing reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Dark Fashion Clothing in its sole discretion.
You agree to indemnify, defend, and hold harmless Dark Fashion Clothing, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Dark Fashion Clothing may link to sites operated by third parties. However, even if the third party is affiliated with Dark Fashion Clothing, Dark Fashion Clothing has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Dark Fashion Clothing. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Dark Fashion Clothing seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Any disputes not resolved by normal complaints procedure will be resolved exclusively in the courts of the UK under UK Law.
If any part of these terms and conditions is found to be invalid by law, the rest of them remain valid and enforceable.
All Rights Reserved. Last Updated 19.08.15.