In these Terms unless the context otherwise requires:
- "Not Designer" means Not Designer Limited of the address set out in the attached order
- California Dreamin is the trading name of Not Designer Ltd
- "Commencement Date" means the date California Dreamin confirms by e-mail its acceptance of the Customer´s order
- "Contract" means these terms and conditions together with the attached order
- "Customer" means the individual whose name and address is set out in the attached order
- "Products" means goods ordered by the Customer as detailed in the attached order
- "Terms" means these terms of sale
- "Website" means California Dreamin’s website at www.CDreamin.com
- The Customer may place an order for Products from the Website using the on-line form available on the Website by e-mail, facsimile or ordering by means of a postal order.
- The Customer shall be responsible for ensuring the accuracy of any order placed and in placing any order will be deemed to have accepted these Terms.
- No contract will subsist between California Dreamin and the Customer for the supply of Products unless and until CDreamin.com confirms acceptance of the Customer’s order by e-mail.
The Customer has the right to cancel an order at any time before acceptance of the order by CDreamin.com or within 7 days of CDreamin.com accepting such order in accordance with clause 4 below.
Seven Day Satisfaction Guarantee
- Customer satisfaction is very important to CDreamin.com. If you the Customer is for any reason not completely satisfied with your purchase, you may return the Products within 7 days from the date of purchase. CDreamin.com will gladly replace any Products returned or give the Customer a full refund (less postage) whichever the Customer prefers subject to the terms of this clause 4. The following conditions must be met to obtain a full refund:
- Product must be returned in the original packaging.
- original supplied packaging must be included.
- The Customer must obtain a Return Authorisation (“RA”) number from CDreamin.com prior to returning the Product. To obtain an RA number the Customer must e-mail its request, including the order number, to firstname.lastname@example.org. CDreamin.com cannot authorise returns over the telephone.
- The Customer is responsible for return postage and packaging charges, and California Dreamin would recommend using a traceable method as California Dreamin cannot be responsible for the returned item unless it arrives at its warehouse.
- The Product will be inspected on receipt. All returns must be in a re-saleable condition for full credit to be issued. No credit will be issued if the Product shows signs of use. This guarantee does not cover accidental damage or wear of the Product caused by the Customer. Product returns that show wear will be refused.
Please note: Personalised name belts cannot be returned since they have been hand-made and personalised - unless they are faulty.
California Dreamin can only exchange items for Customers who agree to pay additional postage and packaging charges. . Prior to any exchange the Customer is required to e-mail California Dreamin (info@CDreamin.com) so California Dreamin may ensure the Customer’s desired exchange item is in stock.
Price and Payment
- The price for the Products shall be California Dreamin’s standard charges as published on its Website from time to time.
- California Dreamin may vary its charges from time to time but the price set out in the order overleaf shall be fixed for 30 days from the Commencement Date.
- California Dreamin shall at its sole discretion be at liberty to withhold with Product in the event of non-payment by the Customer until payment is received.
- All payments are made using the PROTX system. Most orders are processed and shipped 1 business day after the order is received and receipt of PROTX payment. In the rare event that an ordered item is unavailable or back-ordered California Dreamin will notify the Customer promptly, at which time the Customer will have the option to cancel the order if they so wish.
- This Website offers credit card transaction security by using Secure Sockets Layer (SSL) technology. The secure server software encrypts the Customer’s credit card information before it is forwarded to California Dreamin, thereby preventing others from accessing the Customer’s private information during this process.
Warranty and Liability
- California Dreamin does not represent that the Products sold by it are authentic, original or genuine products of any designer brand label or are a copy of any such products. California Dreamin only states that its Products are comparable in appearance to certain products seen worn by celebrities or designer products. California Dreamin is in no way affiliated or associated with or sponsored by any designer brand or celebrities.
- California Dreamin will use reasonable endeavours to ensure the accuracy of information posted on the Website but all such information given its nature shall be subject to change or alteration at any time.
- California Dreamin shall be at liberty to refuse any order made for the Products where it considers the order is incomplete, made fraudulently, is vexatious or is otherwise inappropriate.
- Subject as expressly provided in these Terms and except where the Products are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977) all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. Where Products are sold under a consumer transaction the statutory rights of the Customer are not affected by these Terms.
- Except in respect of death or personal injury caused by California Dreamin’s negligence or as expressly provided in these Terms California Dreamin shall not be liable to the Customer by reason of any representation (unless fraudulent) or any implied warranty, condition or other term or any duty at common law or under the express terms of the Contract for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation (whether caused by the negligence of California Dreamin or not) which arise out of or in connection with the supply of the Products or their use by the Customer and the entire liability of California Dreamin under these Terms shall not exceed the price paid by the Customer for the Products.
- Orders received from outside the UK will (where accepted) be subject to payment by the Customer of the additional costs of postage, packing and any other costs associated with the supply of Products outside the UK.
- Entire Agreement
This Contract represents the entire agreement between California Dreamin and the Customer and supersedes any previous agreement in relation to the matters dealt with herein. No variation or waiver of any provision of the Contract shall be effective unless made in writing and signed by both parties.
- Any notice given pursuant to this Contract shall be in writing and may be given by sending the same by post to California Dreamin at its address as given below:
Not Designer Limited t/a California Dreamin
74 Reynold Close
E-mail : info@CDreamin.com
Telephone : 44 (0) 203 051 8131
Facsimile : 44 (0) 203 051 8134
- Any notice or other information given under these Terms shall be deemed to have been given if sent by first class pre-paid post to the last known address of that party. If sent by first class pre-paid post the notice shall be deemed to have been received 2 working days after the date of posting.
- If any provision of the Contract is or becomes illegal, invalid or unenforceable in any jurisdiction such illegality, invalidity or unenforceability shall not affect the remaining provisions hereof or the legality, validity or unforceability of such provision in any other jurisdiction and the remainder of this Contract shall continue in full force and effect.
These Terms shall be governed by and construed in accordance with the laws of England and the parties submit to the non-exclusive jurisdiction of the English courts.
- Except in so far as this Contract expressly provides that a third party may its own right enforce a term of this Contract a person who is not a party to this Contract has no rights under the Contracts (Rights of Third Parties) Act 1999 (“the Act”) to rely on or enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from the Act.
- The Customer shall not without the prior written consent (such consent not to be unreasonably withheld or delayed) of California Dreamin assign or dispose of any of its rights hereunder or sub-contract or otherwise delegate any of its obligations under the Contract.
- California Dreamin shall be entitled to perform any of the Products for any other company or third party and any act or omission of any such company or third party shall be deemed to be the act or omission of California Dreamin.
- In the event of any dispute arising out of or in connection with the Contract the parties hereby agree:
- To refer the dispute to ADR Group Europe Limited (or such other organisation experienced in the process of alternative dispute resolution) for the purpose of alternative dispute resolution in order to resolve the dispute by way of mediation.
- In the event that a resolution of the dispute is not achieved by way of mediation the parties shall be entitled to commence proceedings or take such action as they respectively consider appropriate.
- The Customer is able to print off sections including these Terms from the Website and acknowledges that it has read and accepts these Terms and the information provided in the various sections on the Website that relate to the Contract between the Customer and California Dreamin.