Terms and Conditions
This agreement applies as between you, the User of this Website and Charmajesty, the owner(s) of this Website. 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.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.
1. International Customers
If Goods are being ordered from outside Charmajesty’s country of residence, import duties and taxes may be incurred once your Goods reach their destination. Charmajesty is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Charmajesty cannot guarantee that the packaging of your Goods will be free of signs of tampering.
Third Party Intellectual
expressly indicated, all Intellectual Property rights including, but not limited
to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers
or distributors of such products as may be applicable.
Subject to Clause
7 you may not reproduce, copy, distribute, store or in any other fashion re-use
such material unless otherwise indicated on the Website or unless given express
written permission to do so by the relevant manufacturer or supplier.
3. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Charmajesty or that of our affiliates. 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. 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.
In order to purchase
Goods on this Website and to use the enquiry form facilities you are required to
create an Account which will contain certain personal details and Payment Information
which may vary based upon your use of the Website as we may not require payment
information until you wish to make a purchase. By continuing to use this Website
you represent and warrant that:
you submit is accurate and truthful;
you have permission
to submit Payment Information where permission may be required; and
you will keep this
information accurate and up-to-date.
Your creation of
an Account is further affirmation of your representation and warranty.
It is recommended
that you do not share your Account details, particularly your username and password.
Charmajesty accepts no liability for any losses or damages incurred as a result
of your Account details being shared by you. If you use a shared computer, it is
recommended that you do not save your Account details in your internet browser.
If you have reason
to believe that your Account details have been obtained by another without consent,
you should contact Charmajesty immediately to suspend your Account and cancel any
unauthorised purchases that may be pending. Please be aware that purchases can only
be cancelled until they are dispatched. In the event that an unauthorised purchase
is dispatched prior to your notifying us of the unauthorised nature of the purchase,
Charmajesty accepts no liability or responsibility and you should make contact with
the Carrier detailed in the Purchase Information.
When choosing your
username you are required to adhere to the terms set out above in Clause 4. Any
failure to do so could result in the suspension and/or deletion of your Account.
or you may terminate your Account. If Charmajesty terminates your Account, you
will be notified by email and an explanation for the termination will be provided.
Notwithstanding the foregoing, we reserve the right to terminate without giving
terminates your Account, any current or pending purchases on your Account will be
cancelled and will not be dispatched
the right to cancel purchases without stating reasons, for any reason prior to processing
payment and dispatch.
If purchases are
cancelled for any reason prior to dispatch you will be refunded any monies paid
in relation to those purchases
If you terminate
your Account any non-dispatched purchases will be cancelled and you will be refunded
any monies paid in relation to those purchases
If you terminate
your Account any non-dispatched purchases will be cancelled and you will be refunded
any monies paid in relation to those purchases.
Whilst every effort
has been made to ensure that all graphical representations and descriptions of Goods
available from Charmajesty correspond to the actual Goods, Charmajesty is not responsible
for any variations from these descriptions. This does not exclude our liability
for mistakes due to negligence on our part and refers only to variations of the
correct Goods, not different Goods altogether. Please refer to Clause 8 for incorrect
you may be required to select the required [size] [model] [colour] [number] [other
features] of the Goods that you are purchasing.
not represent or warrant that such Goods will be available. Stock indications are
provided on the Website however these may not take into account sales taken whilst
your visit is taking place.
All pricing information
on the Website is correct at the time of going online. Charmajesty reserves the
right to change prices and alter or remove any special offers from time to time
and as necessary. All pricing information is reviewed and updated every month.
In the event that
prices are changed during the period between an order being placed for Goods and
Charmajesty processing that order and taking payment, you will be contacted prior
to your order being processed with details of the new price;
Prices on the Website
do not include VAT.
notify you by way of email when your goods are to be dispatched to you. The message
will contain details of estimated delivery times in addition to any reasons for
a delay in the delivery of the Goods purchased by you.
receives no communication from you, within 7 days of delivery, regarding
any problems with the Goods, you are deemed to have received the Goods in full working
order and with no problems.
8. Returns Policy
Charmajesty aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions
If you receive
Goods which do not match those that you ordered, unless accompanied by an explanatory
note detailing the changes, stating reasons for the changes and setting out your
options, you should contact us within 10 days to arrange collection and return.
Charmajesty is not responsible for paying shipment costs. You will be given the
option to have the Goods replaced with those ordered (if available) or to be refunded
through the payment method used by you when purchasing the Goods. Refunds and replacements
will be issued upon our receipt of the returned Goods.
If any Goods you
have purchased have faults when they are delivered to you, you should contact Charmajesty
within 28 days to arrange collection and return. Charmajesty is responsible for
paying shipment costs. Goods must be returned in their original condition with all
packaging and documentation. Upon receipt of the returned Goods, the price of the
Goods, as paid by you, will be refunded to you through the payment method used by
you when purchasing the Goods.
If any Goods develop
faults within their warranty period, you are entitled to a repair or replacement
under the terms of that warranty.
If Goods are damaged
in transit and the damage is apparent on delivery, you should sign the delivery
note to the effect that the goods have been damaged. In any event, you should report
such damage to Charmajesty within 10 days and arrange collection and return. Charmajesty
is not responsible for paying shipment costs. Upon receipt of the returned Goods,
the price of the Goods, as paid by you, will be refunded to you through the payment
method used by you when purchasing the Goods.
You have a statutory
right to a “cooling off” period. This period begins once your order is complete
and ends 7 working days after the Goods have been delivered. If you change your
mind about the goods within this period, please return them to Charmajesty within
7 working days of receipt. Goods can only be returned for this reason if their packaging
remains unopened and the Goods can be re-sold, as new, without any additional work
on the part of Charmajesty. You are responsible for paying shipment costs if Goods
are returned for this reason.
If you wish to
return Goods to Charmajesty for any of the above reasons, please contact email@example.com or +44 (0)1444 811 849 or +1 646 257
3866 or +1 561 459 2041 or +44 (0) 207 193 8060 to make the appropriate arrangements.
the right to exercise discretion with respect to any returns under these Terms and
Conditions. Factors which may be taken into account in the exercise of this discretion
include, but are not limited to:
Any use or enjoyment
that you may have already had out of the Goods;
of the Goods which may cause them to deteriorate or expire rapidly;
8.7.3. Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.
Such discretion to be exercised only within the confines of the law
no warranty or representation that the Website 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 Services
No part of this
Website is intended to constitute advice and the Content of this Website should
not be relied upon when making any decisions or taking any action of any kind.
No part of this
Website is intended to constitute a contractual offer capable of acceptance.
uses reasonable endeavours to ensure that the Website is secure and free of errors,
viruses and other malware, all Users are advised to take responsibility for their
own security, that of their personal details and their computers.
Changes to the
Service and these Terms and Conditions
Charmajesty reserves the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If Charmajesty is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
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.
11.2. Charmajesty accepts no liability for any disruption or non-availability of the Website 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.
Limitation of Liability
To the maximum
extent permitted by law, Charmajesty 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 Website or any information
contained therein. Users should be aware that they use the Website and its Content
at their own risk.
Nothing in these
Terms and Conditions excludes or restricts Charmajesty’s liability for death or
personal injury resulting from any negligence or fraud on the part of Charmajesty.
Nothing in these
Terms and Conditions excludes or restricts Charmajesty’s liability for any direct
or indirect loss or damage arising out of the incorrect delivery of Goods or out
of reliance on incorrect information included on the Website.
Whilst every effort
has been made to ensure that these Terms and Conditions adhere strictly with the
relevant provisions of the Unfair Contract Terms Act 1977, 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.
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.
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
Third Party Rights
Nothing in these Terms and Conditions shall
confer any rights upon any third party. The agreement created by these Terms and
Conditions is between you and Charmajesty.
All notices / communications
shall be given to us either by post to our Premises (see address on website) or
by email to Charmajesty. 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. If using email it is the sender's responsibility to ensure the
email was received by Charmajesty by requesting and then receiving a read receipt.
Charmajesty can take no responsibility for email that was rejected or bounced by
its mail servers
from time to time send you information about our products and/or services. If you
do not wish to receive such information, please click on the Unsubscribe link in
any email received from Charmajesty.
Law and Jurisdiction
These Terms and Conditions and the relationship
between you and Charmajesty shall be governed by and construed in accordance with
the Law of England and Wales and Charmajesty and you agree to submit to the exclusive
jurisdiction of the Courts of England and Wales.
Charmajesty Ltd is registered with the Information Commissioner's Office (www.ico.org.uk), reference ZA084827.
Safeserve.com Ltd. is registered with the Information Commissioner's Office (www.ico.org.uk), reference ZA055243.