TERMS AND CONDITIONS OF USE
These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Onesta Clothing Ltd, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Onesta Clothing Ltd and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Onesta Clothing Ltd and accessing the Website in connection with the provision of such services. We, us, or our refers to Onesta Clothing Ltd.
You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
Intellectual property and acceptable use
1. All Content included on the Website, unless uploaded by Users, is the property of Onesta Clothing Ltd, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission.
2. You may, for your own personal, non-commercial use only, retrieve, display and view the Content on a computer screen.
3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Onesta Clothing Ltd.
4. You may not use the Website for any of the following purposes:
a. in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
b. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
c. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
Links to other websites
5. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Onesta Clothing Ltd or that of our affiliates.
6. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
7. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Availability of the Website and disclaimers
9. Any online facilities, tools, services or information that Onesta Clothing Ltd makes available through the Website (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. Onesta Clothing Ltd is under no obligation to update information on the Website.
10. Whilst Onesta Clothing Ltd uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
11. Onesta Clothing Ltd accepts no liability for any disruption or non-availability of the Website.
12. Onesta Clothing Ltd reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
Limitation of liability
13. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
14. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
15. To the maximum extent permitted by law, Onesta Clothing Ltd accepts no liability for any of the following:
a. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
b. loss or corruption of any data, database or software;
c. any special, indirect or consequential loss or damage.
16. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
17. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
19. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
20. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
21. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
22. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
Product information and orders
23. We attempt to be as accurate as possible in our product descriptions. We do not warrant that product descriptions or other content of this Website are accurate, complete, reliable, current, or error-free.
24. We endeavour to display product colours as accurately as possible on our web site. The colours displayed on your screen can differ from the actual colours, therefore we cannot guarantee that your screen displays the accurate colours.
25. We reserve the right not to deliver in the event that the stock level was incorrect at the time of receiving the order. If we are unable to deliver your order, we will inform you about the cancellation and process a refund for the same value. Onesta Clothing Ltd has the right to send out only parts of the order in case one or more of the items is out of stock.
26. We reserve the right to withdraw any items from this website at any time and/or remove or edit any materials or content on this website. Whilst we will use our reasonable endeavours to process all the orders submitted to us, there may be exceptional circumstances which mean that we may need to refuse to process or accept an order after we have received it or sent you an Order Confirmation, which we reserve the right to do at any time. We will not be liable to you or any other third party by reason of our withdrawing any item from this website, removing or editing any materials or content on this website, or for refusing to process or accept an order after we have received it or sent you an Order Confirmation.
27. While we try to ensure that all prices on this website are accurate, errors may occur. If we discover an error in the price of items you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the items you will receive a full refund. We are under no obligation to provide the items to you at the incorrect (lower) price (even after we have sent you a Shipping Confirmation) if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as an incorrect price.
28. All displayed prices are final prices including VAT. Prices do not include payment or delivery charges. Onesta Clothing Ltd retains the right to change prices at any time.
Delivery and shipping
29. Once you have placed an order and it received by us, your order should arrive between 2-10 days. While we aim to process orders the next day, we cannot guarantee delivery in a timely fashion as we use a third-party service.
30. We send orders within the UK using Royal Mail 48 hours tracked. Once your order is dispatched, you will receive a notification and tracking number. Once an order has left our warehouse, we are not liable for the delivery of your item.
31. We offer free delivery for orders £150 or more.
32. Purchases can be returned within 14 days after the receipt of goods. You have the right to open the package to check your goods, but products must be returned unused and with all the original tags on the clothes in perfect conditions. You will receive a reimbursement for the value of the returned item(s) within 14 days after the product has returned to our warehouse. We are entitled to withhold reimbursement until we have received the goods back from you or until you have produced evidence of having sent back the goods.
33. It can take up to 10 working days until the refunded amount is visible on your payment method.
34. You can choose the carrier of your preference. We strongly recommend you obtain a proof of postage receipt from the Post Office as we can’t be held responsible for packages that fail to arrive. We are entitled to withhold reimbursement until we have received the goods back from you or until you have produced evidence of having sent back the goods.
35. We do not cover return shipping costs – you are responsible for covering the direct expenses of returning the goods. We are still a growing company and simply cannot afford to offer free return shipping yet.