T&C's
1 INTRODUCTION
1.1 We operate the website www.highheelhierarchy.com (the “website”). We are High Heel Hierarchy Ltd, a company registered in the United Kingdom under company number 10911133 and with our registered office at 19 Ewell Road, Sutton SM3 8DD (“we”, “our”, “us” or “HHH”). VAT Registration Number is 293 6956 46.
1.2 If you wish to contact us, including any complaints, you can contact us by telephoning or by e-mailing us at [email protected].
1.3 If you are a consumer then references in these terms and conditions (the “Terms”) to “you” are to the individual using our website and purchasing the products detailed on our website (“Products”) for private and non-commercial purposes. If you are a business, references in these Terms to “you” are to the business that you have the authority to bind in to agreement with.
1.4 These Terms (together with our Privacy Policy and Returns Policy) tell you information about us and the legal terms and conditions on which the Products are sold to you. The Terms, Privacy Policy, Returns Policy and are together the “Agreement”.
1.5 Please read these Terms carefully and make sure that you understand them, before ordering any Products. Please note that by ordering any Products in accordance with section 3, you agree to be bound by these Terms and the other documents expressly referred to in them.
1.6 You should print a copy of these Terms or save them to your computer for future reference.
1.7 We amend these Terms from time to time. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated in January 2018
1.8 In these Terms:
1.8.1 “Buyer” means a purchaser of a Product on the website from a Seller;
1.8.2 “Customer Account” means a customer account which has been opened by you through our website in respect of the Products;
1.8.3 “Order” means an order for a Product placed on the website;
1.8.4 “VAT” means Value Added Tax;
1.8.5 “Personal Service” means the service operated by us on the website.
1.8.6 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);1.8.7 a reference to a party includes its successors or permitted assigns;
1.8.8 a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
1.8.9 any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
1.8.10 a reference to writing or written includes e-mails.
2 VOUCHER CODES
2.1 Voucher codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.
3 THE PROCESS
3.1 All users of the website will be asked to register on the website by providing your name, email address, phone number and address and create a username and password.
3.2 You must use all reasonable steps to keep your username and password confidential, and must inform us if you suspect or discover that your username or password have become known to someone else.
3.3 You shall use your account to make an offer or purchase the Products or sell Products in accordance with the process outlined on our website.
3.4 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.
3.5 The Site is available only to individuals and others who meet the HHH terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to HHH, whose applications are acceptable to HHH and who have authorized HHH 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.
3.6 By making an offer to purchase merchandise you expressly authorize where HHH feels necessary, to transmit or to obtain information (including any updated information) about you to PayPal or other payment gateway provider. Your credit/debit card will be validated, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.
3.7 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 PayPal’s credit reference and fraud prevention department, which may keep a record of that information. Please refer to our Privacy Policy for information about how we use your data.
4. THE PRODUCTS AND PRICING
4.1 The prices and Products displayed on the website are subject to change and may be changed at any time and without notice to you provided that if a Buyer places an order for Products through the website the price the Buyer will pay for the Product(s) will be the price displayed at the time the offer was made, except for where the price displayed was incorrect and that pricing error was obvious and unmistakable. The prices displayed on the website at any moment are only valid at that moment.
4.2 Prices shown on the website are in GBP and are inclusive of VAT at the applicable rate unless you have selected an alternative country where VAT is not chargeable, in which case prices shown on the website will be displayed in the relevant currency, however other taxes imposed by the applicable governmental authority may apply, including import duties and taxes.
4.3The price of a Product does not include delivery charges or any relevant import duties and taxes. Delivery charges are as shown on the Product detail page. Please see shipping for more information on delivery.
4.4 Recommended Retail Prices: Recommended retail prices are approximate and vary depending on year and source of purchase. These prices typically illustrate the original cost of the shoe. Please contact us, should you wish for further clarification on the RRP entered.
5. ORDER CONFIRMATION
5.1 Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
5.2 Unless you cancel your order, acceptance of your order and completion of the contract between you and HHH will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in London, England and the language of the contract is English.
5.3 We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the T&C’s.
5.4 We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
5.5 All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers. HHH offers products for sale that are in stock and available for dispatch. HHH will store a record of your transactions for a minimum of one year.
6. DELIVERY
6.1 Shipping costs may apply to your Order and additional costs may apply for certain premium delivery services. If these costs apply they will be displayed prior to payment being taken. Any other charges applicable to an Order will also be displayed prior to payment being taken, excluding import duties and taxes. Any delivery charges displayed do not include any relevant import duties or taxes.
6.2 If a Buyer orders Products from our website for delivery internationally, the Order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount. Buyers should check whether they are liable to pay import duties and taxes prior to purchasing any Product(s).
6.3 The Buyer will be responsible for payment of any such import duties and taxes. Buyers are advised to contact their local customs office for further information before placing an Order.
6.4 Buyers and Sellers must comply with all applicable laws and regulations of the country for which the Products are dispatched and for which they are destined. We will not be liable or responsible for a Buyer or Seller’s breach of any applicable law.
6.5 Buyers and Sellers shall be responsible for providing us with up-to-date contact details in the Customer Account.
7. RETURNS
WE DO NOT ACCEPT INTERNATIONAL RETURNS.
7.1 Our customer is of utmost of importance to us. In this spirit, highheelhierarchy.com accepts returns and offers a 14 day return policy. We stand behind the accuracy of all items we offer for sale and strive to provide you with an exquisite shopping experience.
7.2 In order to avoid unnecessary returns, please read the description of the item, view all the photos carefully and check the measurements before purchasing.
7.3 We accept domestic returns only under the following conditions:
1. Notify us via e-mail within 3 days of receiving your item, and include the tracking/shipping information.
2. Merchandise must be unused and returned in the same condition with tags attached.
3. Return shipment must be made within 14 days of original purchase delivery.
7.4 Once we’ve received and reviewed your returned goods, a refund will be issued.
7.5 If an item is found further used or in a condition different from its original shipment, we reserve the right to refuse the refund and these items will be returned to the customer.
7.6 Please also note that ALL shipping costs are non-refundable.
7.7 All items must be returned to: High Heel Hierarchy, 19 Ewell Road, Sutton SM3 8DD
7.9 When using the ‘personal service’, we kindly ask you to carefully examine the item(s) prior to your purchase.
7.10 If you have any concerns or questions please notify us online, and will do our best to resolve any issues. For further information on returns, please see our Returns Policy on our website.
8. FAULTY GOODS
8.1 Goods are faulty if they are received damaged. Please contact us within 14 days of purchase. We are unable to provide a warranty for the pre-owned items we sell. Items that are damaged as a result of normal wear and tear are not considered to be faulty.
9. RESTRICTIONS ON YOUR USE OF THE PRODUCTS
9.1 You must be at least 18 years old and legally capable of entering into binding contracts in order to purchase or sell any Product(s).
10. RISK AND TITLE
10.1 The title to any Product(s) ordered through our website shall transfer to a Buyer upon our receipt of full payment for such Product(s).
10.2 Risk in the Products shall remain with the Buyer from the time of delivery.
11. PAYMENT AND CHARGES
11.1 We accept payment through; bank transfer, VISA, MasterCard debit and credit cards or PayPal.
11.2 The charges for the Products are set out in the Confirmation Email.
11.3 Payment for the Products and all applicable delivery charges is in advance. We will charge the Buyer’s debit card or credit card or PayPal account when the Order is placed.
12. FAILURE TO PAY THE CHARGES
12.1 We reserve the right to suspend or close any Customer Account or otherwise restrict access to our website and the Products if you fail to pay any charges due to us by you under this Agreement immediately when such payment becomes due.
13. LIMITATION OF LIABILITY13.1 If you are a consumer:
13.1.1 we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity;
13.1.2 if we fail to comply with the Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Agreement or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it as contemplated by you and us at the time we entered into the Agreement; and
13.1.3 subject to section 12.1, our total liability in respect of the Products or any breach of this Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, including loss or damage during collection, storage or return, shall not in any event exceed the value of the relevant Order.
13.2 If you are a business:
13.2.1 subject to section 12.1, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Agreement for: (i) any loss of profits, sales, business, or revenue; (ii) loss or corruption of data, information or software; (iii) loss of business opportunity; (iv) loss of anticipated savings; (v) loss of goodwill; or (vi) any indirect or consequential loss;
13.2.2 subject to sections 12 our total liability to you in respect of all other losses arising under or in connection with the Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the value of the relevant Order; and1
3.2.3 you shall indemnify us and keep us indemnified for any and all losses resulting from all claims, demands, liabilities, damages, costs and expenses incurred by us or by any of our contractors, carriers, agents, employees or affiliates which arise out of your use of the Products or your breach of this Agreement.
13.3 Nothing in these Terms excludes or limits our liability for:
13.3.1 death or personal injury caused by our negligence;
13.3.2 fraud or fraudulent misrepresentation; or
13.3.3 any other liability that cannot be excluded by law.
13.4 Except as set out in this Agreement, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Agreement. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
13.5 This section 12 shall survive termination of the Agreement.
13.6 We are in no way liable for any off site transactions, negotiated and completed outside our terms and conditions.
14. HOW WE USE YOUR PERSONAL INFORMATION
14.1 We only use your personal information in accordance with our Privacy Policy. Please take the time to read this, as it includes important terms which apply to you.
14.2 Information that we collect from you through the use of location based services shall be collected and stored in accordance with the terms of our Privacy Policy. By accepting these Terms you consent to our use of location-based services.
15. OUR RIGHT TO VARY THESE TERMS
15.1 We may revise these Terms from time to time.
15.2 Every time you place an Order, the Terms in force at that time will apply to any corresponding Order.
16. OBLIGATIONS
16.1 You shall:
16.1.1 ensure that the information you include in your use of the website is complete and accurate; and
16.1.2 ensure that you only purchase or sell Products if you are at least 18 years old.
17. TERMINATION
17.1 We may terminate this Agreement with immediate effect by notice in writing to you if:
17.1.1 you fail to pay any amount due under this Agreement, including any interest accrued, by the date due; or
17.1.2 you are in breach of any term of this Agreement.
18. CONSEQUENCES OF TERMINATION
18.1 Upon termination of this Agreement for any reason:
18.1.1 you shall immediately pay to us all of our outstanding unpaid invoices and interest;
18.1.2 the accrued rights, remedies, obligations and liabilities of each party as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry; and
18.1.3 sections which expressly or by implication have effect after termination shall continue in full force and effect.
19. CONFIDENTIALITY
Each party shall keep in strict confidence all information which is of a confidential nature and which has been disclosed by one party to the other party. This section 18 shall survive termination of this Agreement.
20. EVENTS OUTSIDE OUR CONTROL
20.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below.
20.2 An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, snow, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks, impossibility of the use of motor transport or other means of public or private transport, road traffic accidents, road closures or mechanical failure.
21. NOTICES
21.1 Notices to you
21.1.1 Any notice given by us to you under this Agreement must be in writing and may be served by e-mail, by personal delivery to the person notified or its address, or by prepaid post.
21.1.2 Your address for service of notices shall be your e-mail and/or postal address specified in your Customer Account or any other address in England, Scotland or Wales which you have previously notified to us in writing.
21.2 Notices to us21.2.1 Any notice given by you to us must be in writing and maybe served by personal delivery, by pre-paid post or by e-mail.
21.2.2 Our address for service of notices shall be our address set out in these Terms.
21.3 A notice will be served at the time of personal delivery or 48 hours after it has been placed in the post, or at the time the e-mail was sent by the sender, provided that the sender of the email does not receive an e-mail message stating that the email message has not been received by the intended recipient.
21.4 You will inform us in writing of any changes to your billing details, contact details, alternative contact details, authorized persons, insurance details or access details stated in your Customer Account.
22 COMPLAINTS PROCEDURE
22.1 We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments by emailing [email protected]. We will endeavor to get back to you as soon as possible.
23. AUTHENTICITY
23.1All listings are screened by HHH Approval team prior to being set live on the platform. Buyers are always encouraged to ask any questions prior to purchase, by contacting [email protected]. All payments for purchased items are made directly to HHH. A period of 14 days is allowed for a buyer to contact admin to request a return and refund from the marked postage date. Please see return policy.
24. MISCELLANEOUS
24.1 All intellectual property rights in or arising out of or in connection with the Products shall, as between you and us, be owned by us.
24.2 These Terms are only available in the English language.
24.3 If any of these Terms conflict with any terms of an Order, the Order will take priority.
24.4 This Agreement is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
24.5 Each of the sections of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections will remain in full force and effect.
24.6 If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
24.7 If you are a consumer, you have legal rights in relation to the Products. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards Office. Nothing in these Terms will affect these legal rights.
24.8 If you are a consumer, please note that the Agreement is governed by English law. This means an Agreement for the purchase of Products and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction in connection with any such dispute or claim.
24.9 If you are a business, the Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. You and we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Agreement or its subject matter or formation (including non-contractual disputes or claims).