|
Rubens Menswear
25 New Street
BARNSLEY
South Yorkshire
S70 1RZ
United Kingdom
| Tel
: |
0845
456 0435 |
| Text
: |
07816 662437 |
| Fax
: |
01226 246080 |




|
|
Please
read our Terms and Conditions of Sale.
You
will be asked to register your agreement when placing an order.
|
|
Terms & Conditions of Sale
Last
Updated : 7 July 2007
- Interpretation
(1)
- In
these conditions the following words shall have the
following meanings:
- "You"
means the person(s), firm or company that buys the
Goods from Us and "your" shall be interpreted accordingly
- "Us" and "We" both mean Rubensmenswear.com of
Barnsley, South Yorkshire, UK and "our" shall be
interpreted accordingly
- "Goods" means any goods We agree to supply to You under
the terms of the Contract , this includes any installment
of the goods or part(s) of them
- "Contract" means any contract between You and Us, for the sale
and purchase of the Goods, which incorporates these
conditions
- "Website" means the website with the URL: www.rubensmenswear.com or www.rubensmenswear.co.uk
- Any
reference to any statute or statutory provision refers
to its most recent version
- Reference
to the singular includes the plural and vice versa.
- Headings
are only used for convenience.
back to top
- Applying
These Conditions (2)
- The
Contract will be on these conditions only, unless there
is a written variation agreed between You and Us
- Your
order is an offer to buy the Goods from Us under these
conditions.
- Confirmation
of your order is our acceptance of that offer. We do
not have to accept your offer.
- We
will Email a copy of these conditions to You, at the
Email address You provide on the order form, when We
confirm your order should you request it.
back
to top
The
Goods (3)
- Any
description of the Goods on our Website is for guidance
only. No pictures, descriptions, specifications or
advertising will form part of the Contract.
- If
any Goods are not available, We will order the items
from the relative manufacturer. If We are unable to
order your chosen items We will notify you by telephone
or email.
back
to top
- Delivery
(4)
- We
will deliver the Goods to the address You provide
on the order form.
- An alternate delivery address can be provided but must be within the same country as the billing address.
- Any
delivery date We give is an estimate.
- Unless
these conditions state otherwise, We are not liable
for any loss, costs, damages, charges or expenses
caused by any delay in delivery.
- If
We can't deliver the Goods because You won't accept
delivery, You haven't provided the correct address,
or no-one is available to accept delivery, then:
- all
risk in the Goods will pass to You;
- the
Goods will be deemed to have been delivered; and
- We
may store the Goods until We can re-deliver them,
and You will be liable for any costs arising from
this
- We reserve the right to charge for re-shipping your Goods
back
to top
- Non-Delivery
(5)
- We
shall not be liable for any proven non-delivery unless
You report it within 7 days of the date when the Goods
should have arrived.
- Our
liability for non-delivery is limited to replacing
the Goods within a reasonable time, or issuing a credit
note.
- Goods returned to our store which require re-sending because they were not called for at the Post Office will incur a re-shipping fee charged at our standard shipping rate.
back
to top
- Price
(6)
- All
prices are quoted in Pounds Sterling.
- The price for the Goods is the price shown on our Website
quoted in Pounds (Sterling) and include UK Value Added
Tax ("VAT"). Your selected delivery destination
will determine whether or not VAT is applicable. If
VAT is not applicable then this tax will be deducted
from your order prior to your visit to the cashier.
Your location may render you liable to import, state,
local or other taxes:
Such taxes are entirely your responsibility.
back
to top
- Payment
(7)
- Payment
is due by any of the methods described on our Website
when we ship your order.
Your
Credit card will not be charged until the goods are
dispatched.
- Oakley RX Prescription and Custom Build orders are charged in full when your order is processed - These are the ONLY exceptions to condition 7.1
- If
only part of your order is shipped the full amount
of the order will be charged, the remainder or your
order will be shipped once goods are received at our
store.
You will be advised of this
prior to any shipment being made.
- All
payments due to Us under the Contract shall become
due immediately on termination of the Contract.
back
to top
- Defects
(8)
- Nothing
in these terms affects your statutory rights
- We
will not be liable for any defects of the Goods unless:
- You
tell Us of the defect within 2 days of the time
You discover, or ought to have discovered, the
defect; and
- We
are given a reasonable opportunity, of examining
the Goods and, if requested, You return the Goods
to Us at your expense for examination (if We agree
that the Goods are defective, We will refund this
expense).
- We
shall not be liable for any defect if:
- You
use the Goods after telling Us about the defect;
or
- the
defect arises through misuse, or inappropriate
storage, of the Goods; or
- You
alter or repair the Goods without our written
consent.
- Subject
to conditions 8.2 and 8.3, if any of the Goods are
defective, We shall either repair or replace them
(or the defective part) or refund the price, provided
that, at our request, You return the Goods (or the
defective part). We will refund the cost of returning
the Goods to Us.
- If
We comply with condition 8.4, We shall have no further
liability for any defects.
back
to top
- Liability
(9)
- Subject
to condition 8, the following sets out our entire
financial liability to You in respect of:
- Any
breach of these conditions; and
- Any
representation, statement or tortious act or omission
including negligence arising under or in connection
with the Contract.
- All
warranties, conditions and other terms implied by
statute or common law (except those implied by section
12 of the Sale of Goods Act 1979) are, as far so the
law allows, excluded from the Contract.
- Nothing
in these conditions excludes or limits our liability
for death or personal injury caused by our negligence
or fraudulent misrepresentation.
- Subject
to conditions 9.2 and 9.3;
- Our
total liability in contract, tort, misrepresentation
or otherwise, arising in connection with the Contract
shall be limited to £1000; and
- We
shall not be liable to You for any indirect or
consequential loss, damage, costs, expenses or
other claims for consequential compensation whatsoever
which arise out of, or in connection with, the
Contract.
back
to top
- Returns
or Cancellations (10)
- If
You wish to cancel the Contract, You must notify
Us in writing (email) within 7 working days of
receipt of the Goods. You must return the Goods
to Us at your expense. On the satisfactory receipt
of the Goods, We will refund the price paid for
the Goods.
- The
Goods must be returned within 14 days of the Contract,
and be in pristine condition with all the original
packaging/labels attached where applicable.
- THUMP™
- You
may open the box to examine the product and try
the sunglasses for a comfortable fit. However you
must do so without damaging or marking the product
in any way.
- The
unit must not have any music or data files in the memory (other than the pre-installed files)
- The
battery must not have any charge (other than a than the small amount of charge as shipped).
- All
accessories that are shipped with Thump™ (USB
Cable, Quick Start Guide, Instruction Manual, etc)
must not have been opened/used.
- If
You wish to cancel the Contract of an Oakley RX
Prescription order, You must notify Us in writing
(email) within 1 working day. Once goods from our
Oakley RX department are shipped we cannot accept
any returns.
Please note: We regret
that we are unable to exchange or refund any purchase made
from our Oakley RX prescription department. These items are
manufactured to your specification/prescription and as such
are unique to you.
- You
may cancel your order at any time prior to its
dispatch - excluding RX Prescription and Custom Eyewear orders.
Please click here if
you have placed an order and wish to cancel now.
- If You wish to cancel the Contract of an Oakley Custom eyewear order, You must notify US in writing (email) within 1 working day. (The order may be modified, provided manufacture has not commenced.)
Please note: We regret that we are unable to refund any purchase made from our Oakley Custom Shop department. These items are built to your specification and as such are unique to you. Half Jacket and M Frame Lenses may be exchanged if they do not suit your chosen sport/application, provided they have not been etched.
- If
you receive Oakley eyewear that are faulty,
they must be returned to Oakley UK customer service
at the following address : OAKLEY UK, FREEPOST
ANG6112, ICON HOUSE, ICENI COURT, LETCHWORTH,
HERTS,
SG6 1GD.
- Orders that are received which have a billing address in one country and a delivery address to another will not be processed for security reasons and will be cancelled immediately.
back
to top
Refunds
and Exchanges (11)
- The
reverse of Invoice/Receipt which accompanied your
order must be completed and enclosed with your return.
Your instructions on the reverse of the Invoice/Receipt
will determine the action we take.
- The
refund will be made to your credit card/debit card
within 14 days of the return of the goods.
- We recommend you return all unwanted items by insured recorded delivery post, as RubensMenswear.com will not be held responsible for any items not received by ourselves.
- You may return your purchase for a full refund:
- If
the items purchased are in the same condition
as they were sent.
- If
all labels are still attached and the garment(s)
is/are in A1 condition.
- If
you have purchased Oakley eyewear the box is still
in A1 condition.
- Within
14 days of the order dispatch date.
Refunds
will not be made if any or all of the above
conditions are not met.
Please note:
We regret that we are unable to exchange or refund
any purchase made from our Oakley RX prescription
department. These items are manufactured to your
specification/prescription and as such are unique
to you.
back
to to
- Force
Majeure (12)
- If
We are prevented from, or delayed in, carrying on
our business due to circumstances beyond our reasonable
control, We may defer delivery or cancel the Contract
or reduce the volume of the Goods sent to You (without
liability to You). Such circumstances include, acts
of God, government actions, war, national emergency,
riot, civil commotion, fire, explosion, flood, epidemic,
lock-outs, strikes, other labour disputes, or inability
or delay in obtaining supplies of materials.
- If
the circumstance in question continues for a continuous
period of more than 30 days, You can give Us written
notice to end the Contract.
back
to top
- Communication
(13)
- All
communications from Us that are made by Email, or
by posting on our Website, satisfy any legal requirement
that such communication is in writing.
- We
agree that any communication that You must make in
writing (under these conditions) may be made by Email
to customer.service@rubensmenswear.com
or by post to Rubens Menswear -
25 New Street - BARNSLEY - South Yorkshire - S70 1RZ
- United Kingdom.
- Any
Email sent to Us shall be deemed to be received on
the day it is sent.
- Any
post sent to Us shall be deemed to be received at
10am on the second working day after the date of posting.
- If
You wish to make any complaint You may Email it to
customer.service@rubensmenswear.com
or post it to Rubens Menswear - 25 New Street - BARNSLEY
- South Yorkshire - S70 1RZ -
United Kingdom.
back
to top
- Information
You provide (14)
- You
authorise Us to use, store or process any information
that You provide, including your name and address,
as far as is reasonably necessary for Us to provide
our services.
- If
You buy Goods through our Website then We may collect
information about your buying behavior. If You send
us personal correspondence such as Emails or letters
then We may collect this information into a file specific
to You.
- You
must ensure that any information You provide is accurate
and complete. For more information about how We deal
with your Personal Information, please read our privacy
policy.
- You
must include your billing address as it appears on
your credit card statement. Rubens Menswear use an
address verification system to ensure correct billing
addresses.
Orders with incorrect details
will not be processed.
back
to top
- Online
Materials (15)
- The
materials published on our Website are solely for
your personal and non-commercial use.
- Our
Website is controlled and operated by Us from our
offices at Rubens Menswear
25 New Street - BARNSLEY - South Yorkshire - S70 1RZ
- United Kingdom. We do not control or endorse any
content supplied by third parties.
- Any
content from third parties is published in good faith.
We are not responsible for its accuracy or for its
use, except where it relates directly to the Goods.
- You
accept all responsibility for your use of our Website
and any information it contains.
- The trademarks, logos and registered marks displayed on
our Website are the sole property of their owners.
No license or right to use any of the trademarks displayed
on this site is granted without the written permission
of their respective owners. The misuse of any
content displayed on this site is absolutely prohibited.
- The
images displayed on this site are either the property
of Rubens Menswear or are used with the permission
of their owners. The use of these images by you is
prohibited. Any Unauthorised use of the images may
violate copyright law, trademark law and other laws.
ALL
CONTENT © 2001-
RUBENSMENSWEAR.COM
ALL RIGHTS RESERVED |
back
to top
-
General
(16)
- Each
of our rights or remedies under the Contract is without
prejudice to any of our other rights and remedies
whether under the Contract or not.
- If
any provision of the Contract is found to be wholly
or partly illegal, void, voidable, unenforceable or
unreasonable, then it shall be deemed severable. The
remainder of that provision and the remaining provisions
shall continue in full force and effect.
- Any
failure or delay by Us in enforcing any part of the
Contract will not be taken as a waiver of any of our
rights.
- If
We ignore any breach of any part of the Contract by
You, this does not mean that We will allow any further
breach and it will not affect the other terms of the
Contract.
- The
Contract is governed by English law and the parties
submit to the exclusive jurisdiction of the English
courts.
- Nothing
in these Conditions shall create any rights for third
parties under the Contracts (Rights of Third Parties)
Act 1999.
- Orders that are received which have a billing address in one country and a delivery address to another will not be processed for security reasons and will be cancelled immediately.
back
to to
|
|
|
|