Terms And Conditions Of Sale
While sounding a bit formal, the following terms and conditions of sale are set down by Qfashion to prevent any possible sources of misunderstanding.
Formation of the Contract
1. The offer in this sale occurs when the buyer fills in the form and submits it to Qfashion.
2. Acceptance of this offer occurs when Qfashion charges the buyer’s credit card or, if payment is made via PayPal, Qfashion charges the buyer’s PayPal account.
3. Credit cards will be charged at the time of shipping.
Cancellation of the Contract
4. The buyer has the right to cancel the sale prior to the goods being shipped.
5. If the goods have already been shipped the buyer no longer has the right to cancel the sale.
6. Goods are only defined as returns if they meet all of the following conditions:
• The product is in the same original condition as at the time of purchase.
• The product has not been worn outside of the house.
• The product has not been worn (with the exception of trying it on for size).
• The product has not been washed.
• The product is returned in its original packaging with original tags still attached.
• The product is then received by Qfashion.
7. The buyer will be entitled to return purchased goods within 30 days of receiving the order for a full refund, provided the goods are defined as returns according to clause 6.
8. If the goods are returned after 30 days of receiving the order, the buyer no longer has the right to a refund, exchange, or store credit.
9. The buyer is responsible for all shipping charges incurred including the initial shipping cost at the time of the purchase and at the time of returning the item to Qfashion.
10. The goods enter into the ownership of the buyer when the customer’s credit card is charged.
11. Qfashion is responsible for ensuring that all goods are fit for their purpose and are free from any fundamental defect prior to shipping the goods to the buyer.
Conformity of the goods
12. Qfashion will deliver goods which are of the quantity, quality, and description, as stated at the time of purchase.
13. The buyer should examine the goods immediately upon receipt to check that the goods conform to the invoice.
14. The buyer should notify Qfashion if any lack of conformity exists within 3 days of receipt of the goods.
15. If the goods do not conform to the invoice in a fundamental way, Qfashion will either replace those products which do not conform or refund the cost of those items. The choice of refunding or replacing the items will be made by Qfashion .
16. If the buyer does not notify Qfashion within 3 days of receipt of goods, the buyer loses the right to rely on a lack of conformity and Qfashion will not replace such goods.
17. Those goods which do not conform to the invoice, and as such have been substituted, are the property of Qfashion and the buyer will make all necessary arrangements in order to ensure that the products are returned to Qfashion. The expense of this return will be borne by Qfashion.
Definition of “fundamental”
A breach of contract committed by one of the parties is fundamental if it results in such detriment to the other party as substantially to deprive him of what he is entitled to expect under the contract, unless the party in breach did not foresee and a reasonable person of the same kind in the same circumstances would not have foreseen such a result.