Terms and Conditions
Pourquoi Pas is the trading name of Pourquoi pas Designs Ltd, a company registered in England and Wales under 8800531 and whose registered office is 20-22 Wenlock Road, London , N1 7GU. Our VAT number is GB 124385717.
These terms and conditions (Terms) regulate the relationship between Pourquoi-pas Designs Limited and the Buyer and/or User of the Site. In accessing the Pourquoi Pas Site, the User accepts to be bound by these Terms.
Pourquoi Pas reserves the right to make amendments to the Terms on occasion and at their sole discretion, without prior warning. Users are therefore advised to return to view the Terms on a regular basis. In the event that a User does not agree to any changes to the Terms, they must immediately cease accessing the Site. Any amendments made to these Terms after the Buyer has placed an Order which has been confirmed by Pourquoi Pas will not affect that Order, with the exception of amendments Pourquoi Pas are required to make by law or regulation.
Use of the Site
You are provided access to this Site in accordance with these Terms. There may be legal notices on other areas of this Site which relate to your use of this Site, all of which will, together with these Terms govern your use of this Site. If you choose to access this Site from outside the United Kingdom, you are responsible for compliance with local laws if and to the extent local laws are applicable. We reserve the right at any time to: modify or withdraw this Site (or any part thereof) without notice to you and we shall not be liable to you for any such modification or withdrawal; and/or change these Terms from time to time and your continued use of this Site (or any part thereof) following such change will be deemed to be your acceptance of such change. By placing any orders through our Site, you warrant that: you are legally capable of entering into binding contracts; the personal information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and you agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
This Site may contain links to other websites. As Pourquoi Pas is not in a position to control these other websites, Pourquoi Pas shall not be held liable for making such websites available, and shall not bear any liability for the content, advertisements, products, services or anything else available on or from such websites.
Intellectual Property Rights
The site and its content are protected by intellectual property rights, including copyright and trademarks. Except as expressly authorised by us or relevant third parties, you agree not to copy, download, adapt, alter, modify, rent, lease, loan, sell, distribute or create derivative works of any content of the Site, in whole or in part.
Disclaimer of Liability
The material displayed on this Site is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law. Pourquoi Pas and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Site or the linked sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Pourquoi Pas’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Copyright and Trade Mark Notice
All content on this Site is protected under the Copyright, Designs and Patents Act 1988 and is Copyright © by Pourquoi-pas Limited or, where applicable, independent content providers and third parties. All rights are reserved. Reproduction and/or transmission of any content, by any means, without the express permission of the owner is prohibited by law.
In order to be able to use some of the services made available to you on this site and to place an order you will need to register with us first, you will need to provide us some personal information (your full name, phone number, your email address and any other information requested in our registration page. All your personal information provided to us must be accurate and complete in all respects and you agree not to impersonate any other person or entity or to use a false name.
Prices are displayed in GBP or Euros depending on the region selected by the User.
Prices may be modified from time to time and without notice, but such changes will not apply to goods in respect of which the Buyer has received an Order Confirmation.
Prices displayed do not include the cost of delivery to the Buyer and any relevant import duties and tax for international orders excluding USA and Russia orders that will be sent DDP (Delivery Duty Paid). The Buyer is referred to Shipping Destinations, Costs and Delivery Times for more information.
Pourquoi Pas endeavors to ensure that all pricing information on the Site is accurate. However, if prices displayed on the Site are incorrect, Pourquoi Pas shall not be obliged to sell the goods at the incorrect price. If we discover an error in the price of the goods you have ordered we will inform you of this error and we will give you the option of continuing to purchase the goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
Prices for the goods are set against applicable currency exchange rates at the beginning of each fashion season, but may be subject to fluctuation. Any changes to the applicable exchange rate may affect the price of goods subject to discount but shall not affect orders which have already been placed.
Pourquoi Pas will accept payments by American Express, Delta, Maestro, MasterCard, Visa, and Visa Electron.
By using a payment card, the Buyer is warranting that the card is theirs or that the Buyer has been specifically authorised by its owner to use it.
Pourquoi Pas will request validation and authorization checks by the issuer of the payment card. These checks are carried out before the contract with the Buyer is concluded. If the payment card issuer refuses to authorize payment, Pourquoi Pas will reject the Order without any liability towards the Buyer.
Pourquoi Pas is not responsible for any amounts charged by payment card issuers in connection with the processing of payment. If the Buyer’s payment card is denominated in a different currency to the price displayed on the Site, the final price may be charged in the currency of the payment card. In this case, the final price is calculated by the payment card issuer and Pourquoi Pas shall not be responsible for any resulting costs incurred by the Buyer.
Payment for goods is taken by Pourquoi Pas once the contract has been concluded (the contract is concluded when the Buyer receives an email stating that the goods have been dispatched, also referred to as the Order Dispatch Confirmation).
Pourquoi Pas agrees to take reasonable care to ensure that information relating to Orders and payment is kept secure. However, the Buyer shall not hold Pourquoi Pas responsible for any loss suffered as a result of a third party gaining unauthorised access to data where this is beyond the reasonable control of Pourquoi Pas.
Insurance and Delivery
Pourquoi Pas aim to dispatch all Orders for goods within 48 hours of receiving an Order. However, this is for indication purposes only. Orders received after 2.00pm or Orders received on a day which is not a business day will be processed on the next business day.
Pourquoi Pas expects that the Buyer (or recipient if the Buyer has specified that the goods are a gift) will receive the goods within the relevant estimated delivery time from the goods being dispatched. However, this is for indication purposes only, and Pourquoi Pas is not responsible for delays caused by elements beyond its reasonable control, including but not limited to delays caused by carriers or customs.
Pourquoi Pas insures the goods up to delivery to the address specified by the Buyer.
Once the Buyer (or the recipient of the goods specified by the Buyer) signs to acknowledge receipt, all risks and responsibility for the goods passes to the Buyer.
The Buyer is responsible for ensuring that the delivery address provided is correct and complete. Pourquoi Pas shall not be liable for unsuccessful delivery attempts resulting from the Buyer having provided inaccurate or incomplete information.
Where the Buyer makes an Order for multiple goods (“multiple” meaning more than one), Pourquoi Pas shall endeavour to deliver the Order in one conveyance, unless the Buyer has requested otherwise. However, Pourquoi Pas shall be entitled to deliver the goods in more than one conveyance if reasonably necessary, in which case each delivery shall be viewed as a separate contract. Where the Buyer has expressly requested that an Order be delivered in more than one conveyance, the applicable delivery charges shall be the cost of shipping to the most expensive destination.
Returns and cancellation
You may return your purchased item(s) for an exchange or refund within 14 days of receiving it by sending the item(s) back to us at the address listed below. Please use the returns label supplied in your package, and include your dispatch note marked with the items being returned.
In addition, if you are a UK or EU consumer, you have the legal right to cancel your entire order within 14 days following the date on which you, or a third party other than the carrier and indicated by you, takes physical possession of the goods. If you exercise your right to cancel and return the goods to us with 14 days from the date on which you exercise your right to cancel, we will reimburse you the cost of the goods together minus our standard delivery charges.
We can exchange items for a different size or colour only. If you want a different item, please place a new order. If your requested replacement item is out of stock in the size or colour you have requested, a refund will be processed instead. If the price of the replacement item is different from the price of your original product, we will apply a credit, or contact you to obtain the additional payment as appropriate.
Please take care not to damage, scratch or mark any delicate goods or leather items when examining them.
All items should be wrapped carefully, in their original protective packaging where possible, to prevent damage during return shipping. Pourquoi Pas does not accept responsibility for any damage which occurs during return shipping.
All items must be returned unused and in a fully resalable condition, with swing tags attached if possible. Pourquoi Pas reserves the right to deduct amounts from refunds, up to the full value, or refuse an exchange where unwanted items show signs of unreasonable handling or use and are deemed not to be resalable.
Please send all returns to the following address:
RETURNS DEPARTMENT, Pourquoi-pas Designs Ltd, 46 Cadogan Place, London, SW1X 9RU, using the returns label supplied in your package and including your dispatch note marked with the items returned and indicating whether you would like a refund or exchange.
Returns will be processed within 7 to 10 days, although this may vary during busy periods, including sale periods. You will receive a confirmation email once your return has been processed. We will endeavour to process your refund as quickly as possible, however, please allow up to 14 days after returning your items for refunds to appear in your account. Refunds are always credited to the original method of payment.
If your order is not eligible for free returns, you will need to cover the return postage costs unless the item is faulty or not as described. Faulty and incorrectly described items can be returned free of charge by contacting customer service. You can return your order using any postage service. However, we do not accept responsibility for items that fail to reach our distribution centre; therefore you may wish to send their parcel via a registered trackable service.
If your item is faulty or not as described, you have 30 days from delivery to cancel your order and receive a full refund. Thereafter, you will be offered a repair, replacement or refund (partial or full) depending on the item, date of delivery and usage.
If you believe your item is faulty, or not as described, please contact Customer Services on +44 (0)7956 0587987 between 9am and 5pm GMT or on email@example.com. Customer Services will be able to direct you on how to return your item to us free of charge so that it can be assessed by our returns team.
If your order is to be delivered outside the European Union, it may attract import duty and local sales taxes which customers will need to pay on receipt of the shipment. Any additional charges for customs clearance must be borne by you. These rules vary by country and your local government determines duty and customs charges, so you should contact your local customs office for further information.
No provision of these Terms shall affect your statutory rights.
This contract shall be governed by and construed in accordance with the law of England and Wales and the parties to this agreement submit to the non-exclusive jurisdiction of the English Courts.
Pourquoi Pas Virtual Gift Certificates are available to purchase on the Site for delivery by email to a named recipient.
The Buyer is responsible for ensuring that the email address provided for the recipient of the Gift Certificate is correct. Pourquoi Pas cannot be held liable in the event that the named recipient does not receive the Gift Certificate due to the Buyer having entered an incorrect or non-existent email address.
Gift Certificates are valid for 2 years from the date of issue. Gift Certificates are issued at the discretion of Pourquoi Pas, who reserves the right to cancel or suspend the Gift Certificate at any time if they have reason to suspect misuse.
If the value of a Gift Certificate exceeds the total order value, the Buyer will receive store credit to be redeemed against subsequent orders placed on the Site.
If the value of a Gift Certificate is less than the total value of an order, any store credit on the Buyer’s account will automatically be redeemed to cover the remaining balance.
All remaining balances exceeding the value of the Buyer’s Gift Certificate or store credit must be paid by credit or debit card.
The Recipient of the Gift Certificate is responsible for ensuring that the Gift certificate is kept secure, and Pourquoi Pas shall not be held responsible if a Gift Certificate is lost, stolen, destroyed or used without permission.
If a Buyer returns Goods purchased using a Gift Certificate, Pourquoi Pas will credit the Buyer’s account with the total value of the purchase. If a Buyer returns Goods purchased using a Gift Certificate and Payment Card, the Payment Card will be refunded in the amount of the card payment, and the remaining sum will automatically be credited to the Buyer’s account.
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