Terms & Conditions - Men's Pyjamas by SOMAX

TERMS AND CONDITION

Please read these Terms and Conditions carefully before using the Site and placing an order. By using the Site and/or placing an order for products from us, you signify that you are 18 years or older and that you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use this Site or place an order. Please note that although you may “bookmark” a particular portion of this Site and thereby bypass these Terms and Conditions, your use of this Site still binds you to the Terms and Conditions.
We reserve the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the Site or placing an order following any such changes constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Site.

INFORMATION ABOUT US
The Site is operated by SOMAX CLOTHING Ltd., a company registered in England and Wales (company number: 09614042 and VAT number: GB 216038338) and trading as MEN’S PYJAMAS.co.uk. Our registered office address and main trading address is 38 Sandpits Road CROYDON CR0 5HG. For any customer services queries, please either write to us at: Somax Clothing Ltd – 38 Sandpits Road CROYDON CR0 5HG or email our Customer Services team at [email protected]

TERMS OF SALE

All sales of products made via the Site will be on the basis of these Terms of Sale.
1. PLACING ORDERS AND CONTRACT CREATION
2. PRODUCT AVAILABILITY AND DESCRIPTION
3. PRICING AND PAYMENT
4. DELIVERY
5. CANCELLATIONS, RETURNS AND EXCHANGES
6. OUR LIABILITY
7. PROMOTIONAL CODES
8. GENERAL

1.PLACING ORDERS AND CONTRACT CREATION
The steps for placing an order on the Site and for forming a contract with us are as follows:
1. You will be guided through the ordering process by a series of instructions on the Site. You place your order at the end of this process by clicking on the “BUY NOW” button. You can review/amend your order at any time before clicking on the “BUY NOW” button. Unfortunately orders cannot be amended once they have been placed.
2. Once you have placed your order, we will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or an acceptance of your order by us. Your order is an offer to buy a product or products from us and your offer will not be deemed to have been accepted by us until we have sent you a despatch confirmation email, as below.
3. As your product or products is/are shipped from the warehouse we will send you a despatch confirmation email, which will confirm that we have accepted your order. If we do not or cannot accept an order placed by you, for any reason, we will notify you. Once you receive the despatch confirmation email, a contract is formed between you and us in relation to the product or products set out in the email and payment will be taken. No product will be shipped until payment has been made in full. The despatch confirmation email will contain:
-Details of your order
-Anticipated delivery date for your order or orders (if shipped separately)
-Information regarding your right to cancel the contract formed with us

Please check the details of the order acknowledgement email and the despatch confirmation email carefully. It is your responsibility to notify us if there are any errors or inconsistencies by contacting Customer Services at the address above or by using the email form referred to in the Information About Us section above.
The contract between us for products sold via the Site will be concluded in English. We will not file the specific details of your contract. If you do require any information regarding orders you have placed with us, please check your order history on the Site (if you have an account with us) or write to us at the address set out above.
Please note that you must be 18 years or older to purchase products from the Site. By placing an order for products on the Site, you confirm and warrant that you are aged 18 years or older.

2.PRODUCT AVAILABILITY AND DESCRIPTION
We try to be as specific as possible on the Site about products and product availability, including, availability of size, colour and type, quantity of stock available and the product description. However, while try our best to ensure that product information on our website is correct, it is possible that the Site may contain typographical errors or inaccuracies. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted an order).
Please also note that because the colours of the products you will see on the Site depend on your monitor/screen, we cannot guarantee that the display of colour will be accurate and some colours may vary.
If you have ordered a product that is unavailable, we will inform you as soon as possible by email and give you an estimated date of when the product is due to be back in stock and available for despatch to you (Please note – some items may not be back in stock and dates are subject to change). Alternatively, you will be entitled to cancel your order and receive a refund from us (if your card/PayPal account has already been charged). In all other circumstances where you are not fully satisfied with your purchase, you may return it for a refund in accordance with our Cancellations, Returns & Exchanges Policy.
Please note that the information provided about products on the Site is for information purposes only. Please make sure you read all labels, warnings and directions provided with the product before use.

3.PRICING AND PAYMENT
The price of products is quoted on the Site in GBP (£) and includes VAT (where applicable). Prices quoted exclude delivery costs which are added to the total cost of the order during the order process, but before you click on the “BUY NOW” button. Please see our Delivery Policy for delivery costs.
Our commitment is to offer convenience, service, and product availability on-line at compelling prices every day, with certain limited time offerings of merchandise at promotional prices.
Despite our best efforts, some products may be listed at an incorrect price due to a typographical error or systems error. We reserve the right to review and change product prices on the Site at any time without notice and we reserve the right to refuse or cancel any orders placed for products listed at an incorrect price, whether or not the order(s) has/ve been confirmed and your card/PayPal account charged. If your card/PayPal account has already been charged for such a purchase and your order is cancelled, we will issue a refund to your card/PayPal account (as applicable) in the amount of the incorrect price.
We have a standard pricing policy for the UK and the Channel Islands which ensures that all of our customers are charged the same price regardless of where they live. Therefore we do not offer VAT refunds on orders delivered to the Channel Islands.
Please see our Payment Policy for details of the methods of payment we accept.

4.DELIVERY
Please see our Delivery Policy for delivery costs.
We aim to deliver your ordered products by the estimated date set out in the despatch confirmation email, or, if no date is given, at the latest within 30 days of the date of the despatch confirmation email. In the event that your delivery is delayed for any reason within our control, we will do our best to keep you informed of the estimated delivery date. Please note that if the product(s) is/are not delivered within 30 days of the despatch confirmation email, you are entitled to cancel the order and be refunded any amounts paid by you for that order. Please see our Cancellations, Returns & Exchanges Policy for more information on your right to cancel.
Ownership of and risk in the products you have ordered will pass to you from the time they are delivered to you. If you decide to return the product(s) to us for a refund or exchange in accordance with our Cancellations, Returns & Exchanges Policy, risk will remain with you until you have posted the returned products to us.

5.CANCELLATIONS, RETURNS AND EXCHANGES
Please read our Cancellations, Returns & Exchanges Policy which details how to return unwanted or unsuitable items for a refund or exchange.

6.OUR LIABILITY
There are certain liabilities which cannot be excluded by law and nothing in these Terms of Sale limits our liability for these, including for personal injury or death caused by our negligence or for fraud. Also, nothing in these Terms of Sale limits your statutory rights if you are contracting with us as a consumer, including your right to a replacement or repair where products supplied are not of satisfactory quality.
Subject to the above, we are only responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms of sale (for example, if the loss or damage was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the contract). In any event, we are not liable for: (1) any losses, howsoever arising, related to any business of yours including (without limitation) lost data, lost profits, lost revenues or business interruption; or (2) any special or indirect loss or damage, howsoever arising, unless that loss or damage is foreseeable to both of us at the time we entered into a contract.

7.PROMOTIONAL CODES
Unless otherwise expressly stated in the terms and conditions for a particular promotional code, promotional codes cannot be combined and cannot be used in conjunction with any other offer/discount. For example, unless expressly permitted for a particular promotional code, you cannot use a student discount in combination with another promotional code. If you have more than one promotional code and the codes cannot be combined, it is up to you to use the promotional code that has the biggest benefit to you.

8.GENERAL
Only you and we shall have any rights to enforce any term of the contract formed between us.
The contract formed between us, which includes these Terms of Sale and any document referred to in them, constitutes the whole agreement between us and supersedes all prior agreements (written or oral), arrangements and understandings between us relating to the same subject matter.
If any of these Terms of Sale or any provision of the contract formed between us is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the affected term or provision will be removed from the remaining terms and provisions, which shall continue to be valid.
To the maximum extent permitted by local laws, these Terms of Sale, and any dispute or claim arising out of or in connection with these Terms of Sale (including non-contractual disputes or claims), shall be governed by English law. The courts of England shall have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms of Sale or their subject matter.

TERMS OF USE

1.USAGE RESTRICTIONS; INTELLECTUAL PROPERTY
All of the content you see and hear on the Site, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by us, one of our affiliates or by third parties who have licensed their materials to us.
The content of the Site, and the Site as a whole, is intended solely for the personal, non-commercial use by the users of our Site. You may download, print or store selected portions of the content, provided you (1) only use these materials for your own personal, noncommercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice. No right, title or interest in or to any content or materials is granted to you as a result of any such activities. We reserve complete title and full intellectual property rights in any content you download, reproduce, print, redistribute or store from this Site.
Please note that you must be 18 years or older to create an account on this Site. By creating an account on this Site, you agree and warrant that you are aged 18 years or older.

2.USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to us on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) shall be and remain our property. Such disclosure, submission or offer of any Comments shall (to the extent permitted by applicable laws) constitute an assignment to us of all worldwide rights, titles and interests in or to such Comments (or, to the extent that an assignment is not effective, a worldwide, perpetual, irrevocable and royalty-free licence to use such Comments) and we shall not be limited in any way in our use, commercial or otherwise, of any Comments. To the extent permitted by applicable law, you waive your moral rights in any Comments. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make.

3.CORRECTION OF ERRORS AND INACCURACIES
The information on the Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice.

4.TERMINATION
These Terms of Use are applicable to you upon your accessing the site. These Terms of Use, or any of them (and thereby your right to access and use the Site), may be terminated by us without notice at any time for any reason. You may terminate these Terms of Use at any time for any reason by ceasing use of the Site and/or your account on the Site (if applicable); however termination by you or us of these Terms of Use for any reason will not affect the application and enforceability of the Terms of Sale in relation to any order you have placed for product(s) via the Site.
The provisions relating to Intellectual Property, Disclaimer, Limitation of Liability, Indemnification and Enforcement, shall survive any termination.

5.NOTICE
We may deliver notice to you by means of electronic mail, a general notice on the Site, or by written communication delivered by first class mail to your address on record in your account information.

6.ENFORCEMENT OF TERMS OF USE
These Terms of Use, and any dispute or claim arising out of or in connection with these Terms of Use (including non-contractual disputes or claims), shall be governed by English law. The courts of England shall have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms of Use or their subject matter.

7.USE OF SITE
Harassment in any manner or form, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a SOMAX CLOTHING Ltd. employee, host, or representative as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through this Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offence, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or organization.

8.INDEMNIFICATION
You agree to indemnify, defend, and hold us harmless as well as our officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.

9.THIRD PARTY LINKS
In an attempt to provide increased value to our visitors, we may choose various third-party web sites to link to from the Site. However, even if the third party is affiliated with us, we have no control over these linked sites, all of which have separate privacy and data collection practices, independent of us. We have no responsibility or liability for these independent policies or actions and we are not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. None the less, we seek to protect the integrity of the Site and the links placed upon it and therefore request any feedback on not only this Site, but for sites we link to as well (including if a specific link does not work).

10.DISCLAIMER
The material displayed on this site is provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible under applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of non-infringement. We do not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that any defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. We do not make any warranties or representations regarding the use of the material on this site in terms of its correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. the above limitations may not apply to you. This disclaimer does not apply to products purchased via the site.

11.LIMITATION OF LIABILITY
To the fullest extent permissible under applicable law, we shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site, even if we have been advised of the possibility of damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. This limitation of liability does not apply to products purchased via the site.

12.SALES PROMOTIONS
Promotions are only valid on full price product.