Terms of service
Terms and Conditions
This agreement applies as between you, the User of this Web Site and Clothed In Blessings, the owner(s) of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.
We reserve the right to refuse service to anyone for any reason at any time.
Further, use of the website and our services is subject to the following Shipping Policy, Custom Order Policy, Refund Policy, Privacy Policy and Cookie Policy, which are hereby expressly incorporated into these Terms and Conditions by reference.
Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
“Service” means collectively any online facilities, tools, services or information that Clothed In Blessings makes available through the Web Site either now or in the future;
“System” means any online communications infrastructure that Clothed In Blessings makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Web Site and is not employed by Clothed In Blessings and acting in the course of their employment; and
“WebSite” means the website that you are currently using (www.clothedinblessings.com).
Intellectual Property
All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Clothed In Blessings , our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United States and International intellectual property and other relevant laws.
You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Clothed In Blessings .
Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Clothed In Blessings or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.clothedinblessings.com without prior permission.
Products Descriptions And Prices
We do our best to ensure that the information about Products is accurate and up-to-date. However we do not guarantee that there will be no errors in the description and/or pricing of the Products, or that Products will always be available if you wish to place an Order to purchase them.
Also, the colours you see on your screen may depend on your computer system and settings, so we cannot guarantee that your computer will accurately display such colours.
We reserve the right to modify the information about Products displayed on our Site, including as regards prices, description and availability at any time without notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time. However, such changes will not affect Orders for which you have already received an Order Receipt email. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Purchases on the Website
To complete a purchase, you first have to place an Order for Products. Then, this Order has to be accepted by us.
To place an Order you must be 18 years of age or over. To place an Order you will have to select the Products on the Site, select your preferred shipping method and, if you like, other optional services, and finally click on the “CONFIRM” button. We will not accept Orders placed in any way other than as detailed above.
When you place the Order through the Site you will receive an automated email confirming receipt of your Order. The Order Receipt email contains full details of your Order (such as Order No., information on Products, prices, your shipping address, delivery costs and other). Please note the Order Receipt email is NOT already an acceptance of your Order.
When your Order is accepted by us, we send you an email confirming that all, or part, of the Products have been shipped ("Shipping Confirmation email").
Once you receive the Shipping Confirmation email, your Order has been finally accepted by us and the purchase contract between you and us is concluded in relation to the Products actually shipped. Such a contract is composed by: your Order; our Order Receipt and Shipping Confirmation emails; the then current Terms and Conditions shall apply.
When Orders are not accepted
While we do our best to always accept Orders, we could however refuse an Order in certain cases, for example if: you provide us with incomplete, incorrect or fraudulent information regarding your identity, age, payment details, billing information, shipping address; we discover that there was an error on our Site relating to the Products you ordered, for example as regards the price or description displayed; the Products you ordered are unfortunately out of stock or no longer available; We have reasonable grounds to believe that you intend to resell the Products. If we cannot accept your Order we will contact you by email as soon as possible but in any case no later than 30 days from the date of your Order. If we cannot accept your Order because the Products are no longer available, or because of an error in the price and/or other information on our Site, we will refund you any money you may have already been charged for such Products.
Delivery And Acceptance
Unless agreed otherwise by us in writing or expressly stated to you:
(a) we will arrange for our courier to transport the item(s) and at your risk and
cost, and delivery will take place when the item(s) is made available to courier at our premises. Delivery dates are estimates only and subject to courier`s terms and conditions. We will not be liable for any loss (including loss of profit), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Product, nor will any delay entitle you to terminate or rescind the Contract.
If for any reason you do not take delivery of the Product, or courier is unable to deliver the Product, on the estimated delivery dates because you have not provided appropriate instructions or you have not paid in advance those delivery costs, then such item(s) will be deemed to have been delivered and risk shall pass to you. We may at our option store such item(s) until actual delivery whereupon you will be liable for all related costs and expenses (including without limitation storage and insurance). You shall promptly notify the shipping carrier of any damage to, loss from or non-receipt of any Product. We shall not be liable for any such damage, loss or non-receipt.
We may, at our option, make partial shipments of the item(s) in which case each delivery shall constitute a separate contract. Failure by us to deliver any one or more of the shipments in accordance with these terms and conditions or any claim by you in respect of any one or more shipments shall not entitle you to terminate the whole Contract or refuse to accept subsequent shipments. You shall accept any early delivery.
You will be deemed to have accepted the item(s) as being in accordance with the Contract, we shall have no liability for any defect and/or failure and you shall be bound to pay the price unless: (a) within 7 days of the date of delivery of the Product, you notify us in writing of any defect apparent upon inspection of the item(s) to conform with the Contract; or (b) you notify us in writing of any failure of the item(s) to conform to the Contract within a reasonable time where the defect and/or failure would not be so apparent within 7 days of the date of delivery. To learn more about shipping, please read our Shipping Policy.
Payment Terms
Unless agreed otherwise by us in writing or expressly stated in the Accepted Order, payment for the item(s) and other charges is due when placing the order. We may issue a separate invoice for each Order or for each shipment (if more than one) under a Contract. You shall pay the amount stated in our Order Confirmation in immediately available funds, without any deduction whether by way of set-off, withholding, counterclaim, discount, abatement or otherwise. Time of payment is of the essence. We reserve the right to revise payment terms at any time and to request guarantees, security, stage payments or cash in advance for the item(s).
Passing Of Risk And Title
The risk in the item(s) shall pass to you on delivery as set forth herein. The full legal, beneficial and equitable title to the item(s) shall remain vested in us (even though they have been delivered and risk has passed to you) until we give written notice to you to pass legal and beneficial ownership of the item(s) to you or, if earlier: (a) payment in full, in cash or cleared funds, for all the item(s) has been received by us; and (b) all other money payable by you to us on any other account or under the Contract or any other contract or order has been received by us. Our rights and remedies set forth herein are in addition to and shall not in any way prejudice, limit or restrict any of our other rights or remedies under the Contract or in law or equity. We shall be entitled to maintain an action against you for the price of the item(s) notwithstanding that legal, equitable and beneficial title to and property in the item(s) has not passed to you.
Privacy
For the purposes of applicable data protection legislation, Clothed In Blessings will process any personal data you have provided to it in accordance Privacy Policy available on the Clothed In Blessings website or on request from Clothed In Blessings .
You agree that, if you have provided Clothed In Blessings with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Clothed In Blessings and (2) that you have brought to the attention of any such third party the Privacy Notice available on the Clothed In Blessings’s website or otherwise provided a copy of it to the third party. You agree to indemnify Clothed In Blessings in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements. If you wish to learn more about how we process your data, please read our Privacy and Cookie Policy.
Warranty
We warrant that the item(s) furnished hereunder shall, at the time of shipment, be free from defects in material and workmanship. You shall submit to us reasonable written details establishing a breach of the warranty set forth above. Unless agreed otherwise by us in writing, our liability for failure of any item(s) to comply with the foregoing shall be limited to replacing or repairing that item(s) found. If requested by us, you shall promptly deliver back to us any item(s) which have been replaced.
We shall not be liable for a breach of the warranty in any of the following circumstances: (i) the item(s) has been modified, altered, used in its intended purpose or misuse or neglect; (ii) the item(s) has not been used in accordance with our instructions; (iii) normal wear and tear, willful or accidental damage; (iv) the price for the Product, or any other goods or services supplied by us or our affiliates, has not been received in full.
Minor deviations from specifications which do not affect performance of the item(s) shall not be deemed to constitute defects in materials or workmanship or a failure to comply with the specifications referred to.
Disclaimers
Clothed In Blessings makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
Availability of the Web Site
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Clothed In Blessings accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
Refund
If you wish to request a refund, please read our Refund Policy.
Custom Order
If you wish to place a custom order, please read our Custom Order Policy.
Limitation of Liability
To the maximum extent permitted by law, Clothed In Blessings accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
Nothing in these terms and conditions excludes or restricts Clothed In Blessings ’s liability for death or personal injury resulting from any negligence or fraud on the part of Clothed In Blessings .
Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant legal provisions. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Notices
All notices / communications shall be given to us by email to team@clothedinblessings.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
Law and Jurisdiction
These terms and conditions and the relationship between you and Clothed In Blessings shall be governed by and construed in accordance with the Law of the United States and Clothed In Blessings and you agree to submit to the exclusive jurisdiction of the United States.