These terms will apply to any contract between us and you for the sale of Garments to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Garments from our Site.
You should print a copy of these Terms (or save them to your computer) for future reference.
We amend these Terms from time to time as set out in clause 7. Every time you wish to order Garments, please check these Terms to ensure that you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 We operate the website www.banana-moon-clothing.co.uk. Our company name is Banana Moon Workshop Limited, and we are a company registered in England and Wales under company number 6468058 with our registered office at Unit 8, Springwell 27, Dark Lane, Birstall, West Yorkshire, WF17 9LN. Our VAT number is 516120294. Banana Moon Workshop Limited trade as Factory 27.
1.2 To contact us, please see our Contact Us page.
2. OUR GARMENTS
2.1 The images of the Garments 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 Garments or mirror the image or design on the Garment precisely. Your Garments may therefore vary slightly from those images.
2.2 Although we have made every effort to be as accurate as possible, all sizes and measurements indicated on our Site relate to the sizes detailed in our Size Guides. However, these can not always be precise and there may be a very slight discrepancy in the size of the Garments. All of the garment sizes are stated in “to fit” sizing, therefore meant “to fit” a person of that size. Customers should note that every brand will have a size tolerance, a tolerance in which the garments dimensions are produced too. Each brands tolerance varies. To ensure that the correct sizes are picked customers should make use of the sample request service - http://www.banana-moon-clothing.co.uk/contact-us/form/samples_request. Banana Moon will take no responsibility for customers choosing the wrong size of garment.
2.3 All Garments shown on our Site are subject to availability. We will inform you by email as soon as possible if the Garment you have ordered is not available and we will not process your order if that is the case.
2.4 Designs shown on the proof sheets are digital representations of how the garments will look. All of the garments are personalised by hand, therefore the personalisation position may change on some garments within the chosen location. Customers must be aware that personalisation position may change depending on the size of the garment.
3. USE OF OUR SITE
3.1 Your use of our Site is governed by our terms of Website Use. Please take the time to read these, as they include important terms which apply to you.
4. HOW WE USE YOUR PERSONAL INFORMATION
5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
5.3 After you place an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 5.5.
5.4 Post-payment amendments to stock (Garments, colours, sizes) will only be accepted in exceptional circumstances and at the discretion of Banana Moon. These amendments however will be subject to a fee. This fee will cover the cost of re-stocking the items with our suppliers or order cancellation charges for any work already undertaken. The restocking fee is 20% of the garment and personalisation price.
5.5 We will confirm our acceptance to you by sending you an email that confirms your 'design work is in progress'. The Contract between us will only be formed when we begin this work. The stock is then ordered in especially for the order, simultaneously.
5.6 If we are unable to supply you with a Garment, for example because that Garment is not in stock or no longer available or because of an error in the price on our Site as referred to in clause 10, we will inform you of this by email and we will not process your order. If you have already paid for the Garment/s, we will refund you the full amount as soon as possible.
6. OUR RIGHT TO VARY THESE TERMS
6.1 We may revise these Terms from time to time in the following circumstances
a) Changes in how we accept payment from you;
b) Changes in relevant laws and regulatory requirements.
6.2 Every time you order Garments from us, the Terms in force at that time will apply to the Contract between you and us.
6.3 Whenever we revise these Terms in accordance with this clause 6, we will keep you informed and give you notice of this by stating that these terms have been amended and the relevant date at the top of this page.
7. YOUR RIGHT OF RETURN AND REFUND
7.1 You have a legal right to cancel a Contract made with us during the period set out below in clause 7.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Garment, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens Advice Bureau or Trading Standards Office. Please note that this right does not apply to any personalised or bespoke products. In this regard we refer you to clause 7.2 below.
7.2 The cancellation right referred to in clause 7.1 does not apply in the case of:
a) any made to measure Garment;
b) any custom made Garment;
c) any Garment made to your specification;
d) any Garment which is personalised with any badge, crest, name, logo, or wording.
7.3 Your legal right to cancel a contract under clause 7.1 starts from the date of Despatch Confirmation, which is when the Contract between us is formed. If the Garments have already been delivered to you, you have a period of 7 working days in which you may cancel, starting from the day after the day you received the Garments. Working days means that Saturdays, Sundays, or Bank Holdings are not including in this period.
7.4 In order to cancel a Contract, please contact us in writing to tell us by sending us an email or by sending a letter by First Class post to Banana Moon at Springwell 27, Dark Lane, Birstall, West Yorkshire, WF17 9LN. When sending the notice of cancellation you must ensure that you quote any reference that has been given to you in the email confirmation or Despatch Confirmation. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by email or by post then your cancellation is effective from the date that you sent us the email or posted the letter to us.
7.5 You will receive a full refund of the price you paid for the Garment you paid us for. This does not include any additional services such as delivery costs or express service charges. We will refund the process to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 7.4. If you return Garments to us because they are faulty or mis-described, please see clause 7.6.
7.6 If you have returned any Garment to us under this clause 7 because they are faulty or mis-described, we will replace the item or refund the price of the defective garment in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the Garment to us. You have a period of 7 days in which any issues must be brought to our attention, starting from the day after the day you received the Garments.
7.7 Any refund given to you will be made via the method used by you to pay us.
7.8 If the Garments were delivered to you then:
a) you must return the Garments to us as soon as reasonably practicable;
b) unless the Garments are faulty or not as described (in this case, see clause 7.6) then you will not be responsible for the costs of returning the Garments to us;
c) you have a legal obligation to keep the Garments in your possession and to take reasonable care of the Garments whilst they are in your possession. We therefore recommend that you take care when opening any packaging and viewing or trying on any Garment. You may wish to re-use the packaging if you decide to cancel your Contract.
7.9 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Despatch Confirmation.
7.10 If you are a consumer, you will always have legal rights in relation to Garments that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 8 or these Terms. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards Office.
8.1 Your order will be fulfilled by the estimated delivery date set out in the Despatch Confirmation, unless there is an Event Outside Our Control (as detailed in clause 13). If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date. Customers must be aware that Banana Moon will take no responsibility for a missed deadline for the following reasons:
a) Late payment from the customer. Delivery estimates are from receipt of payment, not the receipt of the order.
b) Prolonged approval of the design proof. Banana Moon requires immediate communication from customers regarding their designs. Customers who do not communicate immediately at the design proofing stage will be responsible for the additional time it takes to turnaround the order.
c) Customer response time. Banana Moon will make every effort to contact customers via the details provided. Customers who do not respond to correspondence quickly potentially jeopardise their estimated delivery date.
8.2 If the delivery is within the United Kingdom, and we are unable to deliver to you within 30 days of your order, then we will notify you of this in writing and cancel your order. For delivery outside the United Kingdom, if we are unable to deliver to you within 60 days of your order, then we will notify you of this in writing and cancel your order. In both instances, any payment you made for the price of the Garment/s and any applicable delivery charges will be refunded as soon as possible.
8.3 Delivery will be completed when we deliver the Garment/s to the address you gave us.
8.4 If no one is available at your address to take delivery, we will leave you a note that the Garments have been returned to our premises, in which case, please contact us to arrange delivery.
8.5 The Garments will be your responsibility from the completion of delivery.
8.6 You own the Garments once we have received payment in full, including all applicable delivery charges.
9. INTERNATIONAL DELIVERY
9.1 If you have placed an Order to deliver to a country outside the United Kingdom, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges, cannot predict the amount, and that they are solely your responsibility.
9.2 You must comply with all and any laws in the country in which the Garment/s are worn.
10. PRICE OF GARMENTS AND DELIVERY CHARGES
10.1 The prices of the Garments will be as quoted on our Site from time to time. We take all reasonable care to ensure that the prices of Garments are correct at the time when the relevant information was entered onto the Site. However, if we discover an error in the price of any Garment you order, please see clause 10.5 for what happens in this event.
10.2 Prices for our Garments may change from time to time, but changes will not affect any order which we have confirmed with a Despatch Confirmation.
10.3 The price of a Garment excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. VAT (if appropriate) will be added at the time you confirm your order and payment is to be made. VAT is not charged on clothing for children.
10.4 The Price of a Garment does not include delivery charges. Our delivery charges are as quoted on our Site from time to time. To check the relevant delivery charges, please refer to our Delivery Charges page.
10.5 Our Site contains a large number of Garments. It is always possible that despite our reasonable efforts some of the Garments on our Site may be incorrectly priced. If we discover an error in the price of the Garments that you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Garment at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, then we will treat the order as cancelled and notify you in writing. Please note if the pricing error is obvious and unmistakeable and could have reasonably be recognised by you as a mis-pricing, we do not have to provide the Garments to you at the incorrect lower price.
11. HOW TO PAY
You may pay for Garments using (i) a debit card; (ii) Paypal; or (iii) by BACs; or (iv) by cheque or credit card. We accept Visa and Mastercard.
12.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffered that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by both you and us at the time that we entered into the Contract.
12.2 We do not in any way exclude or limit our liability for:
a) death or personal injury caused by our negligence;
b) fraud or fraudulent misrepresentation;
c) any breach of the terms implied by Section 12 of the Sale of Goods Act 1979 relating to title and quiet possession;
d) any breach of the terms implied by Section 13 to 15 of the Sale of Goods Act 1979 relating to description, satisfactory quality, fitness for purpose, and samples;
e) defective products under the Consumer Protection Act 1987.
13. EVENTS OUTSIDE OUR CONTROL
13.1 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 13.2.
13.2 An Event Outside Our Control means any act or event beyond our reasonable control including, without limitation, loss or delay caused by the postal system or the delivery carrier, strikes, lock-outs, or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport.
13.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
a) we will contact you as soon as reasonably possible to notify you; and
b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Garments to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
14. COMMUNICATIONS BETWEEN US
14.1 When we refer in these Terms to “in writing” this will include email.
14.2 In order to cancel a Contract in accordance with your legal right to do so as set out in clause 7 then you must contact us in writing by sending an email to email@example.com or by sending a letter to Banana Moon at Unti 8, Springwell 27, Dark Lane, Birstall, West Yorkshire, WF17 9LN. You must quote any reference or order stated in your email confirmation of acceptance and/or Despatch Confirmation.
14.3 If you wish to contact us in writing for any other reason, you can send this to us by email or by prepaid post to Banana Moon at Unit 8, Springwell 27, Dark Lane, Birstall, West Yorkshire, WF17 9LN.
14.4 If we have to contact you or give you notice in writing, we will do so by email or by prepaid post to the address you provided to us in your order.
15. OTHER IMPORTANT TERMS
15.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or obligations under these Terms.
15.2 You may only transfer your rights or your obligations under the Terms to another person if we agree in writing.
15.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4 Each of the paragraphs of these terms operates separately. If any Court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.5 If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we automatically waive any later default by you.
15.6 Please note that these Terms are governed by English law. This means a Contract for the purchase of Garments through our Site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the Courts of England and Wales will have non exclusive jurisdiction. However, if you are resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.