Terms & Conditions
Welcome to www.poshakmahalshop.com.
This website is made available to you subject to the following terms and conditions. Please read these terms and conditions carefully before using the website or ordering any Products from our website.
You should understand that by using the website or ordering any of our Products listed on our website, you agree to be bound by these Terms and Conditions. You should print a copy of these Terms and Conditions for future reference. Please note that there are additional policies that apply to your use of this website and our trading relationship with you:
- Returns Policy – Details of conditions governing the return of goods purchased from http://www.poshakmahalshop.com/
Please understand that if you refuse to accept these Terms and Conditions, you will not be able to use or order any Products from our website.
Terms and Conditions
We reserve the right to change these Terms and Conditions from time to time at our sole discretion, and your rights under these Terms and Conditions will be subject to the most current version of these Terms and Conditions posted on this page at the time of your use or purchase, unless any change to these Terms and Conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you).
All notices which we need to give to you under these terms and conditions will be sent by us to your registered e mail address. When you visit the website or send e mails to us you are communicating with us electronically. We may communicate with you by e mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to firstname.lastname@example.org . We may give notice to you at either the e mail or postal address you provide to us when placing an order, or in any of the ways specified above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e mail, that such e mail was sent to the specified e mail address of the addressee.
The contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of our contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub contract or otherwise dispose of our contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
By accepting of these Terms and Conditions and your continued use of this website, you acknowledge that you have read and understood these Terms and Conditions and you agree to act in accordance with, and be bound by them. These Terms and Conditions shall not be altered or modified in any way without the prior written consent of us.
If you are acting as an agent for a principal (including on behalf of your employer), you and the principal, jointly and severally, assume all of your obligations set out in their Terms and Conditions.
If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions (and the remainder of the provision in question) shall be unaffected.
Save to the extent that you exercise your right as a consumer to bring an action in or rely on the laws of your country of domicile, the interpretation, construction, effect and enforceability of these terms and conditions shall be governed by English Law, and you and we agree to submit to the non exclusive jurisdiction of English courts for the determination of disputes.
License and use of Website
We grant you a limited license to access and make personal use of the website and not to download or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of the website or its contents; any collection and use of any Product listings, descriptions, or prices; any derivative use of Poshak Mahal or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The website or any portion of the website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ours and our affiliates without our express written consent. You may not use any meta tags or any other "hidden text" utilising our name, trademarks or service marks without our express written consent.
We may terminate your limited license to use the website with immediate effect if you breach any of these Terms and Conditions. Access to the website is permitted on a temporary basis, and we reserve the right to suspend, or withdraw, or amend the service we provide on our website without notice at any time for operational, regulatory, legal or other reasons.
From time to time, we may restrict access to some parts of the website, or our entire website.
This website may provide, or third parties may provide, links to other web sites or resources. As we have no control over such websites and resources, we are not responsible for the availability of such external websites or resources, do not endorse and are not liable for any content, advertising, products, or other materials on or available from such websites or resources.
We may notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
Downloaded material is provided "as is" and your use of the downloaded content is at your own risk. Downloads may contain significant or insignificant program errors, bugs, and viruses, which may cause an operational interruption to your computer system. You must screen the download for viruses before access. Except to the extent that such terms cannot be limited or excluded by law, no conditions, warranties, representations or other terms, whether express or implied shall apply with respect to any download. Please note that we are under no obligation to answer questions about the use of downloaded content.
The website and its content are protected by Intellectual Property Rights, including but not limited to copyright and trademarks. In these terms and conditions, "Intellectual Property Rights" means patents, database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights.
As between us, all Intellectual Property Rights in the website and these terms and conditions are and will be owned by us absolutely and you are not allowed to use any such Intellectual Property Rights without our express agreement.
Any goodwill accruing from use of this website and our or our affiliates' trademarks, trade and business names and service marks under these terms and conditions will vest in us and our affiliates, as appropriate.
Contract creation and electronic contracting
The technical steps required to create the contract between you and us for the sale of any Products are as follows:
- You place the order for your Products on the website by pressing the 'place order' button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the website.
- An order can be paid for by debit or credit card. (Visa, Maestro, Mastercard, American Express) we do not accept cash or cheques for online purchases.
- If you have a voucher, promotion or discount code, this should be entered during the checkout process to be valid.
- We will send to you an order acknowledgement e mail detailing the Products you have ordered. This is not an order confirmation or order acceptance from us. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product.
- When your Product is shipped from our warehouse we will send you a dispatch confirmation email.
- Order acceptance and the completion of the contract between you and us will take place on the dispatch to you of the Products ordered unless we have notified you that we do not accept your order, or that it has been cancelled. The contract will relate only to those Products whose dispatch we have confirmed in the dispatch confirmation email. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate dispatch confirmation email.
- We will process your payment at the time of preparing your goods for dispatch.
You are encouraged to print the dispatch confirmation e mail your records and as a reference to our contract.
All prices and charges on the website are in UK pounds sterling. Delivery charges may apply and these will be clearly displayed during the order process. You order will be fulfilled by the delivery date set out in the dispatch confirmation email or, if no delivery date is specified, then within 30 days of the date of the dispatch confirmation email, unless there are exceptional circumstances.
The Products will be at your risk from the time of delivery.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
If you have a discount promotional code it is entirely your responsibility to ensure this is included in the relevant section during the order process. A promotional code or discount offer cannot be applied after you confirm your order.
Non acceptance of an order may be a result of one of the following:
- The Product you ordered being unavailable from stock;
- Our inability to obtain authorisation for your payment;
- The identification of a pricing or Product description error;
- You not meeting the eligibility to order criteria set out in these Terms and Conditions; and
- The identification, by us, of an error within the Product information, including, but not limited to, price or in relation to a promotion.
If there are any problems with your order we shall contact you as soon as possible. We reserve the right to reject any offer to purchase a Product by you at any time.
Your right of termination
You can terminate your contract with us and receive a refund in accordance with the provisions set out in our Returns Policy. This policy forms part of and is an extension of these Terms and Conditions and should be read and understood before purchasing any Product.
Voucher, Promotion and Discount codes
As explained above discount, voucher and promotional codes should be entered during the checkout process to be valid. Discounts and discount thresholds exclude postage and packaging. Discounts cannot be used in conjunction with any other offers.
Limited Offers and Exclusive Online Offers
Our offers are only available for a limited period. They are only available on selected lines. Poshak Mahal reserves the right to stop these offers without prior notice. Offers cannot be used in conjunction with any other discount.
Our Exclusive offers are only applicable to online purchases; these offers do not apply to our physical stores. If a customer wishes to benefit from these exclusive online offers they will need to place an order online. Please note: if you purchase an item that is exclusively on offer online in one of our physical stores at full price, you will not be entitled to a refund for the difference in amount.
In the event that an unwanted item is returned during a promotional event such as 'free shipping/delivery '. We reserve the right to charge an admin fee of £5.95. This admin fee is not applicable for items that were deemed to be faulty.
We endeavour to deliver your products within the timescales set out above - unfortunately, we are unable to guarantee that they will not be affected by unforeseen issues affecting our carrier. Under these circumstances, we do not issue any form of compensation, as this is a non-guaranteed service.
We advise that all items MUST be inspected within 24 hours of receipt. Any issues must be reported immediately either by email. We advise that any claims made for faulty, lost or damaged items after such time, strictly will not be entertained.
A faulty item is one that is faulty due to manufacturing fault only. If the item has been misused, abused, damaged through use or otherwise modified we will not be able to provide a refund If the product is faulty we will issue you with an Returns reference number and advise you on the most suitable way to return the goods. Please remember that:
- Faulty products that were purchased over 30 days ago - we cannot issue refunds for products that were purchased more than 30 days ago.
- We will replace faulty items provided that the fault is not the result of misuse. Please see faulty products as a result of misuse section for more information.
- If the product is not available for replacement we may (at our choice) either substitute it with a similar style or offer you vouchers which equal the purchase price of the item (if purchased within the last 30 days).
Faulty or Damage items must be reported by email within 24 hours of receiving the. A returns form must be included with any faulty or damaged item, with a clear description of the fault or damage. We cannot offer any compensation for Faulty or damaged items not reported within this period.
Faulty products as a result of misuse:
All returned items that have been deemed to be Faulty, will be carefully checked for stitching defects, mis-printing and fabric faults.
* We cannot replace or issue a refund for a misused product.
* We will return the misused item back to you if you are happy to incur the administration & shipping costs of £9.95 (this does not include any collection costs or international shipping costs - if we have arranged for a specialist courier to collect the item or we need to return it abroad, the cost will be additional).
We will hold the product for a maximum of 30 days, after this period we will dispose the item.
If you haven't received the items within the expected delivery times as specified by the selected delivery service please contact our customer service team. Lost or damaged parcels must be reported in writing /email within 24 hours of placing the order in the UK and 7 days overseas. We cannot offer any compensation for lost parcels not reported within this period.
We're here to help you, so please get in touch with us as soon as possible and we'll try to make the process as easy as we can!
Every effort will be made to ensure that prices shown on this website are accurate at the time you place your order. If an error is found prior to dispatch of the Products, we will normally, at our discretion, inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. Alternatively, at our discretion, we may reject your order and treat it as cancelled. If you cancel, we will refund or re credit you for any sum that has been paid by you or debited from your credit or debit card for the goods. We are under no obligation to provide a Product to you at an incorrect (lower) price, even after we have sent you a dispatch confirmation email.
You should bear in mind that buying clothing and accessories over the Internet provides a different shopping experience to buying in store. Be aware that:
- the colours which are shown on the Site will depend on many factors – including your computer display settings;
- all sizes and measurements are approximate;
- all goods are subject to availability we may not be able to supply your order;
- any delivery estimates given are estimates only; and
- the goods and promotions which are offered on the website may not be available in store, and vice versa.
All prices are, unless otherwise stated, inclusive of VAT and other applicable taxes and exclude delivery charges which will be added during checkout before you confirm your order.
Where the Products are supplied for export from the United Kingdom, you will be liable for any shipping and insurance charges as agreed with us, and responsible for complying with any legislation or regulations governing the importation of the goods into the country of destination and for the payment of any duties on the goods. You will be responsible for the payment of any such import duties and taxes. Please note that we have no control over these changes and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
To the fullest extent permitted by law, the website and all information contained therein is provided by us on an "as is" and "as available" basis and we do not guarantee that the Site will be suitable for your purposes and requirements. We use reasonable care in compiling and presenting the content of the Site, but we can give no guarantee that the content is complete, accurate or up to date.
We make no representations or warranties of any kind, express or implied, as to the operation and availability of this Site or the information, content or materials presented on the Site. You expressly agree that your use of this Site is at your sole risk.
The content of the Site has been compiled from a variety of sources and is subject to change without notice. We use reasonable care in compiling and presenting the content of the Site, but we can give no guarantee that the content is complete, accurate or up to date. To the extent permitted by law, we hereby expressly exclude all liability (howsoever arising) in connection with any loss, damage and/or expense arising out of or in connection with use of the Site. In particular and without limitation to the generality of the above, we shall not be liable for any loss or damage to computer equipment, software or data; any financial loss; indirect, special or consequential loss or damage.
Notwithstanding anything to the contrary in these Terms and Conditions, all Products supplied by us are warranted to be of satisfactory quality and reasonably fit for purpose free from defects in workmanship or materials for a period as shown on the Site. This warranty does not affect your statutory rights as a consumer.
This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than in accordance with our instructions, or any alteration or repair carried out without our approval.
Limitation of Liability
Notwithstanding anything to the contrary in these Terms and Conditions, our liability for losses you suffer arising under or in connection with our breach of these Terms and Conditions (whether in contract, tort or otherwise) is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking this agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. Except as expressly required by law without the possibility of contractual waiver, under no circumstances are we liable for any of the following in contract, tort or otherwise even if informed of their possibility:
- Loss of, or damage to, data;
- Special, incidental, or indirect losses; and
- Wasted management time or lost profits, business, revenue, goodwill, or anticipated savings
- Notwithstanding anything to the contrary in these Terms and Conditions, this provision does not include or limit in any way our liability:
- For death or personal injury caused by our negligence;
- Under section 2(3) of the Consumer Protection Act 1987;
- For fraud or fraudulent misrepresentation; or
- For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
You agree to indemnify us and our affiliates against all damages, liabilities, costs, charges and expenses, including reasonable attorneys' fees, that we may incur as a result of your breach of any of these Terms and Conditions or the use by any other person accessing the Site using your shopping account and/or your personal information or any claims brought relating to information submitted by you or actions taken by you. We will provide you with timely notice of any such claim, suit or proceeding.
We will not be responsible for the performance of any obligations under these Terms and Conditions in the case of an event outside of our reasonable control (force majeure), including (but not limited to) strikes, lockouts, failures of third party systems or networks, acts of god, fire, earthquake, storm, flood or other natural disaster, civil unrest, acts of terrorism, deliberate sabotage of or malicious damage to equipment or data or for damage to or destruction of premises or equipment, regulations or governmental policies and shortages of supplies and services (a "Force Majeure Event").
Our performance under our contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that