TERMS AND CONDITIONS OF SALE
Yes, this is the 'legal' part of our products and services.
We appreciate you stopping by to read the AVI (Apparel Vogue International) Terms and Conditions; it's important that you do read.
Welcome to www.apparelvogue.com. AVI Incorporated and/or its affiliates (“Apparel Vogue International”), provides products and services through; AVI, AVI Application for web, Android software, and AVI Application for iOS software, items for sale which will hereby be collectively known as “products and services” of AVI. AVI provides products and services subject to the following conditions.
By using the products and services provided by AVI, you agree to these conditions.
These terms and conditions represent the final and complete agreement of the parties and no terms or conditions in any way modifying or changing the provisions stated herein shall be binding upon AVI unless made in writing and signed and approved by an officer or other authorized person at AVI. No modification of any of these terms shall be modified by AVI shipment of goods following receipt of Buyers purchase order, shipping request or similar forms containing printed terms and conditions additional to or in conflict with the terms herein. If any term, clause or provision is declared invalid by a court of competent jurisdiction, such declaration or holding shall not affect the validity of any other term, clause or provision herein contained.
ACCEPTANCE OF ORDERS
All orders received shall be shipped in a timely manner, every effort shall be made to be shipped the same day, with exception to weekends, purchases shall be shipped the next working day (with exception to holidays). All orders are subject to written price verification by authorised AVI personnel unless designated in writing to be firm for a specified period of time. Shipment of goods without written price verification does not constitute acceptance of the price contained in the order. Once orders are shipped, the order belongs to the recipient, i.e. FOB origin, or Shipping Point, means that the buyer will receive the title for the goods they purchased when shipment begins. The seller’s responsibility ends when the items are placed with a shipment carrier, and the buyer must ensure their goods reach their final destination on time and undamaged.. Therefore, AVI cannot intervene, as AVI is regulated under the regulations of the couriers T&C's constitutionally.
SUBSTITUTION
AVI reserves the right, without prior notification, to substitute an alternative product of like kind, quality and function. If the Buyer will not accept a substitute, the Buyer must specifically declare that no substitution is allowed when the buyer requests a quote, if such request for quote is made, or, if no request for quote was made, when placing an order with the AVI.
PRICE
Prices quoted, including any transportation charges, are valid for 10 days unless designated as firm for a specific period pursuant to a written quote or written sales acceptance issued or verified by an officer or other authorized personnel of AVI. A price designated as firm for a specific period may be revoked by AVI if the revocation is in writing and is mailed to the Buyer prior to the time a written acceptance of the price is received by AVI. All prices and deliveries are F.O.B. Origin or Shipping Point. AVI reserves the right to cancel orders in the event selling prices which are lower than prices quoted are established by government regulations.
Any fees that AVI incur i.e. PayPal fees, shall be retrain by AVI, these fees are non-refundable.
TRANSPORTATION
Unless otherwise provided, AVI shall use its judgment in determining carriers and routing. In either case, AVI shall not be liable for any delays or excessive transportation charges resulting from its selection. Please note, P&P prices are not just for postage, it also incorporates basic packing materials and labour.
PACKING
Unless otherwise provided, AVI will comply only with its minimum packing standards for the method of transportation selected. The cost of all special packing, loading or bracing requested by Buyer will be paid for by Buyer. All cost of packing and shipment for Buyer's special equipment shall be paid for by Buyer. Please note, P&P prices are not just for postage, it also incorporates basic packing materials and labour.
PAYMENT TERMS
The discount applies only to the invoiced value of the material/object/product/item (not to taxes or freight charges). AVI reserves the right to require advance payment or satisfactory security for the goods if the financial condition of Buyer so warrants as determined by AVI. If Buyer fails to make payment in accordance with terms of this agreement or any collateral agreement, or fails to comply with any provisions hereof, AVI may, at its option (and in addition to other remedies), cancel any unshipped portion of this order. Buyer is to remain liable for all unpaid accounts.
Due to customers not reading the full description and notations, orders may have to be cancelled by AVI, and any fees that AVI incur i.e. PayPal fees, shall be retrain by AVI, these fees are non-refundable.
TAXES AND IMPORT/EXPORT LICENSES
Prices do not include taxes. Taxes are paid by the Buyer upon invoice from the Customs and Excise of your respective country. Import or export licenses are to be secured by the Buyer.
TITLE AND RISK OF LOSS
All items purchased from AVI, Web Service, AVI Android, or AVI iOS app are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to Buyer upon our delivery to the carrier of our choice.
Delivery to carrier shall constitute delivery to Buyer, and thereafter risk of loss or damage shall pass to Buyer. Any claim of Buyer relative to damage during shipping or delivery should be made directly to the carrier. Any claims by Buyer against AVI for shortage or damage occurring prior to such delivery to carrier must be made within twenty four (24) hours after receipt of the goods and accompanied by original transportation bill signed by carrier noting that carrier received the goods from AVI in the condition claimed. Notwithstanding passage of the risk of loss to Buyer, title and right of possession to the goods sold hereunder shall remain with AVI until all payments hereunder, including deterred payments evidenced by notes or otherwise. Interest, carrying charges, and lawyer fees, shall have been made in cash, and Buyer agrees to do all acts necessary to perfect and maintain such right and title in AVI.
RETURN OF PRODUCTS
Goods can be returned within 30 days. Incorrectly-sized items sent by AVI is liable by AVI, however, please note, AVI are not the manufacturers and sizes may vary from manufacturer to manufacturer, and AVI are not liable in this instance for Returns of the product, and items of quality-related problems proved by the Buyer can be exchanged or credit note supplied. Customers returning goods are responsible for initial freight charges, after which financial reimbursement can be issued at the discretion of AVI upon and after AVI inspection of the product. Customers must obtain a RAN (Return Authorization Number) from AVI, if there is no RAN, the item may be returned to the customer at the customers cost. The following items cannot be returned or exchanged: bodysuits, hosiery, lingerie & sleepwear, bedding, swimwear, jewellery, hair products, fragrances/make-up, accessories, and any other products deemed by AVI, please contact AVI to ensure your product can be returned.
In line with PayPal Polices, AVI will not charge a fee to process refunds for returns, however fees held by PayPal from the original transaction will not be returned/refunded to the buyer.
Any fees that AVI incur i.e. PayPal fees, shall be retrain by AVI, these fees are non-refundable.
TO ARRANGE A REFUND
A refund will be credited to your original payment method within 14 calendar days of us receiving the returned goods at our online returns centre. Please note some banks may take longer to credit your account. We are not liable and cannot take any responsibility for any bank charges that you may incur during the refund process.
We recommend that you return the items via a recorded delivery service and retain the proof of postage.
When returning an item from an order that has been part paid using a gift card, you will primarily be refunded in the form of an gift voucher. If you are returning part of your order that exceeds the value of the gift card used, any remaining balance will then be refunded onto your payment card.
The items need to be in the original packaging where it forms part of the goods, for example, boxed goods, garments and gift items. Where an item has a return policy swing ticket attached, it must still be attached and undamaged upon return. Return postage is at your own cost and risk.
You can return any item ordered online in accordance with the terms in this section apart from:
• personalised or bespoke items;
• any items which deteriorate or expire rapidly;
• magazines;
• any items that are sealed for health protection or hygiene reasons if you have unsealed them (or in the case of swimwear, underwear & lingerie, removed the hygiene strip, including but not limited to) cosmetics, duvets, hats, hosiery, lingerie, mattress protectors, mattresses, men’s underwear, perfumery, personal grooming products, pillows and swimwear;
• any computer games where the seal on the wrapping has been broken; and
• any items that have been inseparably mixed after delivery.
You cannot cancel your contract in respect of pierced earrings, made-to-measure/order goods (e.g. furniture) or perishable goods (e.g. foods) unless they are faulty, damaged upon delivery or incorrect.
Where you have failed to take reasonable care of the goods, we reserve the right to refuse a refund and return the goods to you at your own cost.
In line with PayPal Polices, AVI will not charge a fee to process refunds, however fees held by PayPal from the original transaction will not be returned/refunded to the buyer.
EMAILS
When you register on our site, you thereby agree that we can send you AVI company updates, and other promotional emails from AVI. If you wish to opt-out from these emails, you may do so by referring to the ‘unsubscribe’ option, just send an email to AVI Information with 'unsubscribe' in the Subject Line.
FORCE MAJEURE
AVI shall not be liable for failure to perform its obligations resulting directly or indirectly from or contributed to by acts of God; acts of Buyer, civil or military authority, including wage and price controls; fires; war; riot; delays in transportation; lack of or inability to obtain raw materials (including energy sources), components, labour, fuel or supplies; or other circumstances beyond AVI's reasonable control, whether similar or dissimilar to the foregoing. If certain quantities are affected and other quantities are not, the quantities affected shall be eliminated without liability, but the agreement shall remain unaffected. AVI may during any period of shortage due to any of said causes, allocate its supply of such raw materials among its various users thereof in any manner which AVI Company deems fair and reasonable. In no event shall AVI be liable for special or consequential damages for any delay for any cause.
REASONABLE LAWYER'S FEES
In the event suit or other proceedings shall be brought for the recovery of the purchase price, or any unpaid balance, or the breach by Buyer of any term herein contained, Buyer shall pay to AVI, in addition to any damages proved by law, reasonable lawyer's fees and costs of collection.
LIABILITY
AVI shall not be responsible, obligated, or liable for any injury or damage resulting from an application or use of its products, either singularly or in combination with other products, arising out of acceptance of this order. AVI shall have no liability for errors in weight or quantity delivered unless claim is made by Buyer within twenty four (24) hours after receipt of shipment and accompanied by original transportation bill signed by carrier noting that carrier received the goods from AVI in the condition claimed. If such timely claim is made by Buyer, and the claim is deemed valid by AVI, AVI may fulfill its responsibility by either shipping the quantity necessary to make good the deficiency, or at AVI's option, crediting Buyer with the invoice price of the deficiency.
WARRANTY
All goods sold by AVI are warranted to Buyer to be free from defects in material and workmanship, and manufactured in accordance with industry standards. The foregoing warranty is not assignable and in-lieu of, and excludes all other warranties not expressly set forth herein, whether express or implied by operation of law or otherwise including but not limited to any implied warranties of merchant-ability or fitness. No agent, employee, or representative of AVI has any authority to bind AVI to any representation, affirmation, or warranty concerning the goods and any such representation, affirmation, or warranty shall not be deemed to have become a part of the basis of this agreement and shall be unenforceable.
Any claimed defect in material or workmanship shall be deemed waived by Buyer unless submitted to AVI in writing within twenty four (24) hours from the date the goods are received by Buyer. AVI shall not be liable under the foregoing warranty if any loss or damage is caused by improper application or use of the goods. AVI disclaims all liability with respect to the design of the goods and makes no warranty with respect to such design. This warranty is in lieu of and excludes all other warranties, whether express, implied, or statutory, including implied warranties of merchant-ability or fitness.
REMEDIES AND LIMITATION OF LIABILITY
AVI shall not be liable for incidental or consequential losses, damages, or expenses arising directly or indirectly from the sale, handling or use of the goods, or from any other cause relating thereto. AVI's liability, in any case, including for claims of breaches of warranty or negligence is exclusively limited, at AVI's option, to the replacement of goods not complying with this agreement, the repayment of, or crediting Buyer with, an amount equal to the purchase price of such goods, or repairing or arranging for repair of the goods. If AVI requests the return of the goods, the goods will be redelivered to AVI in accordance with AVI's instructions. The remedies contained in this paragraph constitute the sole recourse of Buyer against AVI for breach of any of AVI's obligations, whether of warranty or otherwise. As long as AVI makes a good faith effort to rectify any breach, the remedies provided for herein shall be deemed satisfied.
SELECTION
Buyer represents that the goods sold hereunder are fit for their actual or intended use and that Buyer placed no reliance on AVI's skill or judgment in selecting suitable goods or materials or in the design of suitable goods and materials. Buyer represents that the use and installation of the goods shall be made in compliance with all applicable government requirements. Buyer will defend, indemnify and hold harmless AVI, its successors, assigns and subsidiaries from and against all costs (including lawyer's fees), damages and liabilities resulting from actual or alleged claims asserted or any penalties proposed or assessed AVI for any alleged violation of any local, county or local law, rule, regulation or standard, by reason of or in connection with any use of the goods delivered hereunder.
CHOICE OF LAW
This agreement and matters connected with the performance thereof shall be construed in accordance with, and governed by, the law of the United Kingdom as if it were executed and performed entirely within Scotland. Further, it shall be construed to be between merchants.
GENERAL
AVI specifically represents that any of the above Terms and Conditions of Sale does not affect the buyers rights under the EU Directives 2011 and UK Consumer Rights Act2015, as amended.
LEGAL DISCLAIMER
Unless expressly indicated otherwise, Apparel Vogue or any if its Affiliates are not the manufacturer of the products sold on this site. Actual product packaging and materials may contain more and different information than what is shown on our website. We recommend that you do not rely solely on theinformation presented on our website. Please always read labels, warnings, and directions provided with the product before using or consuming the product. Please see our full disclaimer below.
DISCLAIMER:
While we work to ensure that product information on our website is correct, on occasion manufacturers may alter their ingredient lists and materials. Actual product packaging and materials may contain more and/or different information than that shown on our website. All information about the products on our website is provided for information purposes only. We recommend that you do not solely rely on the information presented on our website. Please always read the labels, warnings, and directions provided with the product before using or consuming a product. In the event of any safety concerns or for any other information about a product please carefully read any instructions provided on the label or packaging and contact the manufacturer. Content on this site is not intended to substitute for advice given by medical practitioner, pharmacist, or other licensed health-care professional. Contact your health-care provider immediately if you suspect that you have a medical problem. Information and statements about products are not intended to be used to diagnose, treat, cure, or prevent any disease or health condition. Apparel Vogue International or any of our Affiliates accepts no liability for inaccuracies or misstatements about products by manufacturer's or other third parties. Apparel Vogue International are not the manufacturer's or designers of product sold on the AVI website, and hold no responsibility of the aforementioned. This does not affect your statutory rights.
IMPORTANT NOTE
AVI Terms and Conditions are subject to change without prior notice.