1. Who may use the Site
The Site is for visitors who wish to find out more about our business. The Site is intended to advertise goods to consumers only and is specifically not intended for use by wholesalers, distributors, or other retailers.
3. Lawful Use
You may only use the Site for lawful purposes, and in a manner which does not infringe, misappropriate, or violate the rights of, or restrict or inhibit the use and enjoyment of the Site by any third party. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. Moreover,
and with respect to certain transactions you may conduct through the Site, you agree and represent that you are at least eighteen (18) years of age and will, at all times, provide true, accurate, current, and complete information when submitting information to this Site, including, without limitation, when you provide information via a Site registration or submission form.
4. Limited License for Use of Site Materials
The Site's design, names, text, images, graphics, logo and the arrangement of the same ("the Materials") are all owned by, or licensed to, Hanish Patel or otherwise used by Bespoke as permitted by applicable law. The Materials may not be reproduced for any commercial or public purpose, republished, posted, broadcast, distributed or transmitted by you, or provided by you to any third party without the express written consent of Hanish Patel. Notwithstanding the foregoing, you may print and download a single copy of materials and information from this Site solely for your personal use.
Additionally, downloading, copying and storing the Materials in any medium is subject to the following restrictions:
a) you must retain all copyright and other proprietary notices contained in the Materials on all copies of the Materials that you make;
b) you may not modify, adapt, alter, recompile, decompile, disassemble or reverse engineer any of the Materials, or create a derivative work from the Materials in any way; and
c) you must give notice of these restrictions on use of the Materials to any person to whom you provide the Materials. Moreover, you may not
(i) use any "deep link," "page scrape," "robot," "spider," or use any other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain, or attempt to obtain, any materials, documents, or information through any means not purposely made available through the Site,
(ii) attempt to gain unauthorized access to any portion or feature of the Site or any other systems or networks connected to the Site or to any server or to any of the services offered on or through the Site, by hacking, password "mining," or any other illegitimate means,
(iii) probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site,
(iv) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site,
(v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or systems or networks or any systems or networks connected to the Site, or
(vi) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to us on or through the Site. Hanish Patel reserves all rights not expressly granted herein in and to the Materials.
6. No Warranty
WE ARE PROVIDING THE SITE AND ITS CONTENTS ON AN "AS IS" AND AN "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, MERCHANTABILITY OR TITLE IN RELATION TO THE SITE. For the avoidance of doubt, this exclusion does not apply to goods advertised via the Site.
The content of the Site may contain inaccuracies and typographical errors. We use reasonable endeavours to ensure, but cannot and do not guarantee, the accuracy, truthfulness or completeness of the content or the reliability of any advice, opinion or other information displayed or distributed on the Site. While we endeavour to provide information or other content contained within the Site that is correct to the best of our knowledge, we do not accept any responsibility for any errors or omissions therein. We reserve the right, at my sole discretion, to make improvements to, or correct any errors or omissions in any portion of the content and to make any other changes to the Site, materials, tools, products, services and prices displayed or described on the Site at any time, without notice.
We do not warrant uninterrupted or error free use of the Site, that defects will be corrected, or that the Site or the server that makes it available or files available for downloading from the Internet are free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties.
We do not assume any responsibility or risk for your use of the Internet. While we have endeavoured to create a secure and reliable Site, you should understand that the confidentiality of any communication or material transmitted to/from the Site over the Internet or other global communication network cannot be guaranteed. Accordingly, we are not responsible for the security of any information transmitted via the Internet, the storage of any information on the Site, or for the consequences of any reliance on such information.
You must make your own determination as to these issues.
7. Third Party Sites and Content
We make no warranty or representation regarding, and does not endorse, any linked sites, any Third Party Content or other information appearing thereon or any of the products or services described thereon. Neither the use of Third Party Content nor links imply that us, or any of the Site's sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trade mark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any provider of Third Party Content or any linked site is authorized to use any trade mark, trade name, logo, or copyright symbol of ours or any of its affiliates or subsidiaries.
8. Linking to the Site
All links to the Site must be approved in writing by Hanish Patel prior to the creation of the link, except that Hanish Patel consents to links in which:
(i) the link is a text-only link containing only the URL http://www.bespokeattire.com;
(ii) the link "points" the user directly to the home page only and not to pages accessible from the home page;
(iii) the link, when activated by a user, displays this page full-screen in a fully operable and navigable browser window and not within a "frame" on the linked site; and
(iv) the appearance, position, and other aspects of the link do not create the false appearance that an entity or its activities or products are associated with or sponsored by us nor damage or dilute the goodwill associated with the name and trade marks of Hanish Patel or his/its affiliates. Hanish Patel reserves the right to revoke this consent to link at any time at its/his sole discretion.
9. Information you submit to the Site
We also welcome your feedback and suggestions about how to improve this Site. By transmitting any suggestions, information, material, or other content (collectively, "feedback") to Hanish Patel, you represent and warrant that such feedback does not infringe the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey such feedback to Hanish Patel. In addition, any feedback received through this Site will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Hanish Patel to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary. You also waive any and all moral rights that you may have in such feedback.
To purchase goods through the Site, you must register. All information that you provide to Hanish Patel must be truthful. Hanish Patel reserves the right to require you to submit a different user name if the chosen name is inappropriate or already in use. You agree to keep secure and not provide, disclose to or share with any third parties any username or password that you use to access your account. You must not access (or attempt to access) another user's account or registration details. You must inform Hanish Patel by contacting us if you become aware of any misuse of your user details.
10. Limitation of Liability
To the fullest extent permitted by law, Hanish Patel, its/his affiliates, licensors, service providers, content providers and their employees, agents, officers and directors will not be liable for, direct loss, indirect, consequential, special loss and/or loss of profits, business interruption, loss of data, information or programs or your information handling system, pain and suffering or emotional distress arising out of or in connection with the use of, or inability to use, the Site, its content, materials or functions, whether in action of contract, negligence or other tortious action.
11. Changes to the Site
12. No Waiver
13. Governing Law and Jurisdiction
15. Online Purchases, Specific Programs, Other Terms and Conditions
HANISH PATEL / BESPOKE TERMS AND CONDITIONS OF SUPPLY FOR ONLINE STORE
Any order and subsequent purchase of Goods (as defined below) from the www.bespokeattire.com site shall be governed by the following terms and conditions. Please read them carefully.
"Goods" means those products made available by Hanish Patel / Bespoke that you wish to contact us to buy.
"Order Form" means orders placed by using the ordering process as set out on the Site and "Order" shall be interpreted accordingly.
2. Customer Obligations
By contacting us with an order you warrant, represent and undertake:
o that you are acting in your capacity as an individual consumer and the Goods or any part of the Goods shall not be used for resale or for anything other than ordinary personal use;
o that you are resident within the United Kingdom, European Union and/or the United States of America;
o to supply, true, accurate, current and complete information;
o that you are the authorised holder of any credit/debit card you may use on the Site;
o that you are of sufficient legal age to enter into a binding commitment for the purchase of Goods; and
o to be available for delivery and to take delivery of Goods ordered you by.
3. Orders for Goods
3.1 Your submission of the Order Form represents an offer to purchase the Goods from Hanish Patel / Bespoke / www.bespokeattire.com
3.2 There will be no binding contract between you and us for the supply of Goods unless and until Hanish Patel accepts via a confirmatory email that your order is valid, confirming the Goods to be supplied and the price payable and that your payment has been processed.
3.3 Without prejudice to your right to cancellation, if applicable, no change to any order shall be binding on Hanish Patel / Bespoke / www.bespokeattire.com unless such change is accepted by Hanish Patel / Bespoke / www.bespokeattire.com in writing.
3.4 Contact information for on-line shopping enquiries and general enquiries can be found at: Contact Us.
4. Limitations of Supply and Exclusions
4.1 We shall make every effort to ensure that all orders are fulfilled, however we cannot guarantee the availability of Goods.
4.2 In the event of Goods being unavailable, a member of staff shall contact you by email and Hanish Patel / Bespoke / www.bespokeattire.com , may at its sole discretion, provide replacement Goods of an equivalent value, quality and/or specification or a full refund, subject always to your right to reject the goods under Clause 7.1.
5. Prices and Payment
5.1 Subject to Clause 5.3, the price payable by you for the Goods shall be the price stated at the time of Order, as confirmed in accordance with Clause 3.2 of these Terms and Conditions. Notwithstanding the price information given on the website, we reserve the right to change the price of its products at any time before an Order is placed.
5.2 Hanish Patel / Bespoke / www.bespokeattire.com will accept only the following forms of payment:
o Electronic Bank Transfer
Payments will be processed when your order is accepted by us, during normal UK business hours (next business day processing will apply to orders made outside business hours). Prices stated are in Pounds Sterling only and you will be charged in Pounds Sterling.
5.3 Hanish Patel / Bespoke / www.bespokeattire.com uses its best efforts to ensure the accuracy of the prices and price related information stated. However, you may encounter a mis-priced item on the Site. Therefore, we verify prices in accordance with Clause 3.2 of these Terms and Conditions and as part of our shipping process. If an item is mis-priced, we will give you the option of reconfirming your Order at the correct price or cancelling it. If we are unable to contact you or do not receive a response from you within seven (7) days, we will treat the order as cancelled.
5.4 The minimum delivery charges for all purchases are £20.00 per UK order, £35 for orders to other European countries and £40 for orders to the United States (covering courier costs, fuel surcharges, but excluding taxes, duties and additional fees where applicable). Moreover, for deliveries to customers residing in the United States of America, please note that we will endeavour to add any applicable duties. Where orders exceed the maximum weight and/or cubic weight determined by the carrying courier company the delivery charges will be calculated at the courier's rates.
5.5 All prices stated are exclusive of Value Added Tax ("VAT") where applicable. If you are ordering from the United States, VAT will be deducted from the stated price and any other U.S. specific duties and charges will be added. Your purchase may also include applicable U.S. sales taxes based on the delivery address and the sales tax rate in effect at the time your order is placed.
6. Delivery and Carriage
6.1 We will arrange delivery of goods to addresses within the European Union and all United States of America states and territories. Following acceptance of your Order in accordance with Clause 3 of these Terms and Conditions We will, by separate shipping email, notify to you of delivery details including tracking number and estimated delivery time. We shall use reasonable endeavours to deliver the Goods (which are in stock and available for delivery) within twenty-one business days within the UK and Europe, and within twenty-five business days to the United States, always provided that we cannot guarantee delivery within these timeframes and shall not be liable for failure to deliver within such estimated delivery time period.
6.2 Unless otherwise stated in writing, delivery of the Goods shall take place Monday through Friday excluding holidays, and at the delivery or alternative delivery address taken at the time of order no later than forty-five (45) days following acceptance of your Order. For security reasons, we cannot deliver to PO Boxes or APO/FPO addresses, which are not available through the chosen courier service. A shipping confirmation is emailed to you as soon as your purchase has been shipped. On occasion, packages may be returned to us (or its agent) as undeliverable (in accordance with the delivery policies of the courier service and, in particular, where three or more unsuccessful delivery attempts have been made). If you receive a notice from the carrier that a package has been returned to us as undeliverable, please contact us to make arrangements for reshipment. Further charges may become applicable for re-delivery.
All queries in relation to delivery and tracking numbers should be directed to us via email.
6.3 We reserve the right to require the return of Goods that are not accepted by you for any reason.
7. Inspection & Defects
7.1 Upon delivery of the Goods you must carefully inspect them. If any of the Goods do not match the description or prescription or appear to be damaged or are lost, do not use the Goods and please contact us by telephone or email and inform us of the problem.
7.2 You further agree to immediately notify us if there are any defects in the Goods which are apparent through use.
7.3 We shall accept the return of defective Goods at your cost (subject to Clause 8.3 below), and shall, at its sole discretion provide a refund or replacement.
7.4 Replacement products shall be charged (including delivery) until the returned Goods are received by us. If we agree to provide you with a refund, the credit will be paid via the method originally used by you to purchase the Goods.
8. Your Right to Cancellation
8.1 You may cancel your Order, without reason, until the expiry of twenty-four (24) hours from the day after the date of receipt of Order Confirmation by you. Cancellation of an Order will only be effective by contacting us by means of the details given on the Contact us page. If you cancel an Order after receipt of the Goods you must return the Goods to us in accordance with the procedure outlined in Clauses 8.3 and 8.4.
8.2 We want to ensure your complete satisfaction. The name of Hanish Patel / Bespoke / www.bespokeattire.com stands for outstanding service, ensuring style and meticulous attention to detail, which are qualities seen in everything we do. We trust you will be entirely satisfied with your purchase. If for any reason you are not, please do not hesitate to return it for a full refund in accordance with Clause 8.1.
8.3 Refunds will include the total price paid for the Goods, and the cost of return if returned from a delivery address within Europe, but will not include the stated delivery costs unless:
(i) there is a defect in the Goods; or
(ii) you exercise your statutory right to cancel your Order.
Where Clause 8.3 (i) or (ii) applies, the stated delivery costs will also be refunded to you.
8.4 Easy-to-follow instructions for returning merchandise are included with each shipment. Every effort will be made to ensure a prompt refund and send an email notification once the return has been processed.
9. Transfer of Risk and Title in Products
9.1 Subject to Clause 8, title and risk in the Goods shall pass to you when the Goods are delivered and or upon receipt of full payment by us.
9.2 In the event of cancellation, risk remains with you until the Goods are received by us.
10.1 Nothing in this Agreement shall exclude or limit either party's liability for fraud or death and/or personal injury resulting from that party's negligence.
10.2 Subject to Clause 10.1, to the extent permitted by law, we shall not be liable to you for any loss of contracts, loss of income or revenue, loss of profits and we further exclude liability to you for any consequential or indirect loss of any kind arising out of or in connection with this Agreement however caused and whether arising under contract, tort, negligence or otherwise. This exclusion shall apply even if we have been advised of the possibility of such damage.
10.3 Subject to Clauses 10.1 and 10.2, the liability of Hanish Patel / Bespoke / www.bespokeattire.com in respect of loss which is recoverable under this Agreement shall be limited to the sums paid to us for the purchase of the Goods.
10.4 We shall not be liable to you where the loss or damage results from information provided by you, is inaccurate, false or misleading or otherwise which results from a breach by you of these Terms and Conditions.
10.5 CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. THIS CLAUSE 10 DOES NOT AFFECT YOUR STATUTORY RIGHTS.
11. Force Majeure
Hanish Patel / Bespoke / www.bespokeattire.com shall not be liable for failure to comply with these Terms and Conditions owing to any act or event beyond its control including but not limited to natural disasters, Acts of God, riots, civil commotion, strikes, shortage of supplies, lock-outs, industrial action, war, disease or fire. The Customer may, upon notice in writing to Hanish Patel / Bespoke / www.bespokeattire.com , terminate these Terms and Conditions in the event that any such act or event prevents Hanish Patel / Bespoke / www.bespokeattire.com from performing such its obligations hereunder for more than thirty (30) consecutive days.
12.1 Any notice or other communication to be given under these Terms and Conditions must be in writing in the case of Hanish Patel / Bespoke / www.bespokeattire.com to the address and recipient as expressly set out herein, and in the case of you, to the address and may be delivered or sent by pre-paid registered post, or, alternatively by electronic mail to the party to be served. Any notice or document shall be deemed served if delivered, at the time of delivery, if posted, forty-eight (48) hours after posting and if sent by electronic mail, at the time of transmission, receipt acknowledged.
12.2 For the purposes of these Terms and Conditions, wording in electronic form shall be deemed to be "in writing" under applicable law. In addition the parties consent to the admissibility of electronic evidence in any court or other quasi-judicial proceedings.
13. General Provisions
13.1 In the interpretation of these Terms and Conditions:
o the headings are for convenience only and shall not affect the interpretation of this Agreement; and
o "including" means including without limitation and includes shall be construed accordingly.
13.2 You may not assign, sub-contract, sub-license or otherwise transfer in whole or in part any of its rights or obligations under this Agreement without the prior written consent of Hanish Patel / Bespoke / www.bespokeattire.com.
13.3 Nothing in these Terms and Conditions shall confer on any third party the right to enforce any provision of any contract.
13.4 These Terms and Conditions and any relevant order constitute the entire agreement between the parties and supersede any prior written or oral agreement between them in relation to the subject matter of any contract and subject always to the statutory rights afforded to you as a consumer, each party acknowledges that (save in the case of a fraudulent misrepresentation by the other party) it shall not have any remedy in respect of any representation or term not set out in these Terms and Conditions. No employee or agent has the authority to vary any of these Terms and Conditions.
13.5 Failure by either party to assert its rights in relation to any breach of these Terms and Conditions on any occasion shall not be deemed a waiver of such rights.
13.6 If any of these Terms and Conditions are determined to be illegal, invalid, or otherwise unenforceable by reason of the laws of any jurisdiction in which these Terms and Conditions are intended to be effective, then it shall be modified to the extent necessary, and only within the jurisdiction in which that Term or Condition is illegal, invalid or unenforceable, so as to achieve as nearly as possible the objectives of these Terms and Conditions or, if such modification is not commercially practicable as determined by Hanish Patel / Bespoke / www.bespokeattire.com
in its sole discretion, severed and deleted from these Terms and Conditions and the remaining Terms and Conditions shall survive, remain in full force and effect, and continue to be binding and enforceable.
13.7 These Terms and Conditions and any relevant Order Form are governed by English law and the parties hereby submit to the exclusive jurisdiction of the English courts in relation to any dispute arising out of them. Please note that all Orders are subject to applicable export/import laws and regulations and must be purchased, sold, exported, or used in compliance with such laws and regulations.