Terms and Conditions
USE OF WEBSITE
The Website is made available to you in accordance with the following Terms and Conditions, and any other rules posted on our website. Please read the Terms and Conditions carefully before placing any orders, we recommend you should keep a copy of the Terms and Conditions for future reference.
We may modify the Terms and Conditions from time to time at our sole discretion, Please read the Terms and Conditions and check back often. If you do not agree to any change in the Terms and Conditions, then you must immediately stop using the Services.
These Terms and Conditions do not affect your statutory rights as a Consumer. For more information about your rights, contact your local Citizens Advice Bureau or Trading Standards Bureau.
These Terms and Conditions set out the legal terms that apply to your use of our website http://www.hemyca.com (WEBSITE) and the other services that we provide (SERVICES).
Please read these Terms and Conditions carefully and make sure that you understand them, before using the Services. By using the Services, you agree to be bound by these Terms and Conditions. If you continue to use the Website or if you order products, we will take this as your acceptance of these Terms and Conditions.
UNDERSTANDING THESE TERMS AND CONDITIONS
Certain words and phrases used in these Terms and Conditions have specific meanings – these are known as defined terms. You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where defined terms are used, they have the meaning given to it in the section of the Terms and Conditions where it was defined.
When we refer to ‘we’, ‘us’ or ‘our’, we mean HEMYCA LONDON.
When we refer to ‘you’ or ‘your’, we mean you, the person using the Services.
ABOUT US
We are HEMYCA LONDON and we operate the Website. We are a company registered in England and Wales and our registered office is: 11 Chandlers Way, South Woodham Ferrers, Essex, United Kingdom, CM3 5TB
We provide the Services to you through the Website.
ELIGIBILITY TO PURCHASE
In order to make purchases on the Site, you will be required to provide your personal details by email. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. You will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
This Site is only available to individuals and others who meet the HEMYCA LONDON terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to HEMYCA LONDON, whose applications are acceptable to HEMYCA LONDON and who have authorised HEMYCA LONDON to process a charge or charges on their credit/ debit card in the amount of the total purchase price for the merchandise which they purchase.
Products purchased by you are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit.
By making an offer to purchase merchandise you expressly authorise us to perform credit checks and where HEMYCA LONDON feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorisation and to authorise individual purchase transactions.
You agree that we may use Personal Information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
PURCHASE OF PRODUCTS
When purchasing a product using the Services, you are making a contract with HEMYCA LONDON.
ORDERS
You agree that your order is an offer to purchase the product(s) listed in your order to us on the Terms and Conditions. You agree that an order is engaging in a contract with HEMYCA LONDON.
All orders are subject to acceptance and availability. We will inform you if we are unable to fulfil your order.
We may choose not to accept your order in our discretion for any reason without liability to you. Examples of occasions where we may not accept your order are: that we are unable to obtain authorisation for payment; shipping restrictions apply to a particular item; the item ordered is out of stock; the item ordered does not satisfy our quality control standards and is withdrawn; or that you do not meet the eligibility criteria set out within the Terms and Conditions.
We are under a legal duty to supply goods that conform with their description on the Website.
HEMYCA LONDON reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
We may also refuse to process and therefore accept a transaction for any reason to anyone at any time at our sole discretion. This includes refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
After submitting an order to us, we will send you an order acknowledgment email. This email will include your order number, details of the items you have ordered from us and delivery details. Please note that this email is an acknowledgement of your order and is not an acceptance of your order.
Acceptance of your order and formation of contract of sale takes place when your order has been dispatched and we have sent you an email confirming this.
When placing an order for the first time, you may be required to or may be offered the option to register with us and complete certain required fields on an order form. Where we ask you to provide and use identifiers and passwords to access restricted parts of the Website, it is on condition that you shall be responsible for ensuring that such identifiers and passwords are kept secure and confidential at all times. You shall comply with all security directions and/or recommendations given by us and inform us immediately if you become aware or suspect any unauthorised use of your account.
Payment will be debited from your card when your order is dispatched.
We will store a record of your transactions for one year.
PRICES
Prices shown on the Website are in Pounds and including VAT.
Prices do not include delivery costs.
All prices and offers remain valid as advertised from time to time. The Pounds price of a product displayed on the Website at the time the order is accepted will be honoured, except in cases of obvious error.
If you are a customer whose credit/debit card is not denominated in Pounds, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction. All orders are placed with HEMYCA LONDON which is a UK entity. Your card issuer or payment method provider may therefore apply other international bank charges. We have no control and cannot predict the amount of these charges. Please contact your issuing bank before placing your order if this applies to you.
PAYMENT
Payment can be made by Visa, Visa Electron, MasterCard, Delta, Maestro, American Express, PayPal and any other methods which may be clearly advertised on the Website from time to time. Payment will be debited and cleared from your account upon completion of the order process on the Website.
You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
You can save Credit Card details in your account and use them to complete future orders. For your security, you will always be asked to enter your CVV code at the checkout. We receive authorisation to charge your account once the order is placed and the pending transaction will be settled upon dispatch. For security and fraud prevention, all orders made with a credit or debit card are subject to authorisation and our fraud team may ask for further details before an order is processed.
We take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the website.
INSURANCE AND DELIVERY
Ownership of any products ordered by you from us shall pass to you on the date and time of delivery to your nominated address.
We insure each purchase during the time it is in transit until it is delivered to your specified address delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you.
If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by HEMYCA LONDON , and transfer of responsibility in the same way.
We shall be entitled to supply your purchases in instalments and each instalment shall be deemed to constitute a separate contract with us, and we shall be entitled to supply only part of an order.
SHIPPING
When your order is shipped, we will send you a confirmatory email, which will include your tracking number. You can track and trace your order using the link contained in the email. Order status may take up to one hour to update after the order has been placed.
A signature will be required upon delivery of your order.
Please be aware that our service is not a named delivery service and anyone at the designated delivery address may sign for your delivery. We will not be liable for a lost or missing order that has been signed for in a building.
When placing your order, please ensure that the billing and shipping details are correct as we are unable to redirect packages once an order has been processed.
To contact us regarding shipping in the United Kingdom and internationally, email us on info@hemyca.com
RETURNS AND EXCHANGES
HEMYCA LONDON RETURN POLICY
Made-to-Order Cancellation Policy:
Please ensure to read this Made-to-Order policy & the product page (of the garment you are intending on purchasing) carefully before committing to your purchase and placing an order.
Once an order has been placed & production commenced, all orders cannot be cancelled or refunded under any circumstance, including: unexpected delays, change of mind, sizing changes or sudden cancellations.
Custom Measurements: If you provide your measurements and/or customisations when placing your order, the item will be made specifically for you and will be a one-off piece. Your one-off produced piece cannot be returned under any circumstances, as we are unable to re-sell any custom-made products.
Can I Return a Made-to-Order Garment?
Yes, if for some reason your Made-to-Order purchase (excluding custom orders) did not fit as expected or simply did not suit you; you may return it for an alteration or exchange only.
For assistance or if you have enquiries about our returns policy, please contact us on info@hemyca.com. We recommend that you insure the return shipping as you are under a duty to take reasonable care of the items and will be liable for damage to them until we receive them at our warehouse. We recommend that you retain proof of sending. We cannot be responsible for any loss for any item(s) you have chosen to send.
Parcels that are returned to us remain the customer’s responsibility until consigned to our designated returns courier service.
REFUNDS
Refunds will be credited to your original method of payment. Original shipping charges will not be refunded. If your return was purchased in a currency other than your local currency, refunds will be paid in the same currency. On receipt of the return, we shall process the refund as soon as possible.
FAULTY ITEMS
Goods are faulty if they are received damaged. Items that are damaged as a result of normal wear and tear are not considered to be faulty. Where possible, we will offer to repair faulty items. If it cannot be repaired or the same product is not available, you are entitled to a full refund.
DATA PROTECTION AND PERSONAL INFORMATION We recognise that the Registration Information and the information that we capture during your use of the website is personal data for the purposes of the Data Protection Act 1998 (the "Act") and we hereby acknowledge that we shall treat the Registration Information and all other information that you give us in accordance with the Act and as set out in the paragraph entitled, Use of Registration Information. If your personal information changes, or if you no longer need our service, you may correct, update, delete or deactivate it by emailing us at info@hemyca.com
Third party sites
The Site may include links to third party sites or content. HEMYCA LONDON has no control over any external content and shall not be held responsible for any damage caused to a User as a result of their accessing external content.
Limitation of liability
HEMYCA LONDON endeavours to ensure that information displayed on the Site is accurate and complete, but does not warrant that such information is accurate and/or error free.
HEMYCA LONDON does not warrant that the Site, its content, or the server that makes it available are free of viruses, malicious code or other potentially harmful components. HEMYCA LONDON recommends that all Users have up to date virus checking software installed.
HEMYCA LONDON will take reasonable care to ensure that any information relating to the User is kept secure. However, in the absence of any negligence on HEMYCA LONDON’s part, HEMYCA LONDON cannot be held liable for any loss a User may suffer if a third party obtains unauthorised access to such data.
HEMYCA LONDON shall not be held responsible for any indirect, consequential, or economic loss, such as but not limited to loss of profits, loss of opportunity, loss of goodwill or reputation, and loss or corruption of data. In any event, the total aggregate liability of HEMYCA LONDON arising in relation to these T&C shall not exceed 100% of the total Order value, whether arising under contract, tort, breach of statutory duty or otherwise.
Nothing in these T&C limits or excludes liability for i) death or personal injury caused by negligence, ii) fraudulent misrepresentation, iii) claims arising under section 2(3) of the Consumer Protection Act 1987, iv) any other liability which cannot be limited or excluded by applicable law.
Force Majeure
HEMYCA LONDON will not be liable to the Buyer for failure to perform any obligation under the Contract to the extent that the failure is caused by a factor beyond HEMYCA LONDON’s reasonable control.
HEMYCA LONDON shall not be in breach of this Contract if performance is prevented or delayed in whole or in part by reason of acts of God, or the consequences thereof, including, but without prejudice to the generality of the foregoing, by reason of fire, flood, cyclone, hurricane, earthquake, riots, war, hostilities, governmental restrictions (whether of the United Kingdom or of other country), trade embargoes, strikes, lockouts, labour disputes of any kind, boycotting of goods, unavailability of transport or of loading facilities, wrecks, delays or damages in transport or any causes whatsoever and howsoever arising of a nature beyond HEMYCA LONDON’s control.
If performance of a Contract is prevented or delayed in whole or in part by reasons of any of the foregoing, HEMYCA LONDON shall have the option: a. either to perform the Contract (or the unfulfilled part hereof as the case may be) within such time from the removal of the cause preventing or delaying performance as in all circumstances reasonable; b. or to rescind the Contract; and in either case to notify the Buyer in writing.
Agreement
The Contract and these T&C together constitute the entire agreement between HEMYCA LONDON and the Buyer.
Failure to enforce any or all of these T&C shall not constitute a waiver.
The various provisions of this agreement are severable and if any provision is held to be invalid or unenforceable by any court of competent jurisdiction then such invalidity or unenforceability shall not affect the remaining provisions of this agreement.
A User may not assign, sub-contract or otherwise transfer any of their rights or obligations under these T&C without the prior written consent of HEMYCA LONDON. HEMYCA LONDON reserves the right to assign any claims for payment that are due and have arisen in connection with delivery of the Goods to third parties.
Choice of Law
The Contract is concluded in London, England and the language of the contract is English.
The Contract is governed by and construed and enforced in accordance with the law of England and Wales. HEMYCA LONDON and the Buyer each irrevocably submit to the non-exclusive jurisdiction of the English Courts.