Terms and Conditions
1.1 These are the terms and conditions on which we supply products to you, namely fashion clothing, shoes and accessories (as detailed on our website – www.quizman.com) (the Products).
1.2 Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide Products to you, how you and we may change or end the Contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1. We are Tarak International Limited (trading as Quiz Clothing), a company registered in Scotland with company registration number is SC350728, having our registered office is at 61 Hydepark Street, Glasgow G3 8BW. Our registered VAT number is 941 630928.
2.2. Contact us via our Customer Care Team. Our Customer Care Team are available during store opening hours:
Monday to Sunday: 8am – 12pm
2.3. You can contact us by:
- By post by writing to us at Quiz Clothing, 61 Hydepark Street, Glasgow G3 8BW
- By completing the 'Contact Us' form available here
- By emailing us at email@example.com
- By tweeting us at @QUIZMAN_Help
2.4. Our Customer Services team will endeavour to respond to your email within 48 hours of receipt (excluding weekends or UK Bank Holidays).
2.5. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. When we use the words “writing” or “written” in these terms, this includes emails.
2.6. Any reference to “working days” in the terms means any day which is not a weekend or a bank holiday in the UK.
3. OUR CONTRACT WITH YOU
3.1. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us (the Contract).
3.2. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Product. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the Product.
3.3. We will assign an order number to your order and tell you what it is when we accept your order. Please tell us the order number whenever you contact us about your order.
4. OUR RIGHTS TO MAKE CHANGES
4.1. Products may vary slightly from their pictures. The images and packaging of the Products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Products.
4.2. We may change the Product:
- to reflect changes in relevant laws and regulatory requirements
- to implement minor adjustments and improvements
These changes will not affect your use of the Product.
4.3 In addition, we may make other changes to the Product, but if we do so we will notify you and you may then contact us to end the Contract before the changes take effect and receive a refund for any Products paid for but not received.
5. DELIVERY AND COLLECTION
5.1. Please refer to our delivery section for full details of delivery options. Notwithstanding the different delivery options that are available to select, the dates stated are estimates only. Subject to clause 5.9, we will deliver all Products within 30 days after we accept your order.
5.2. We are not responsible for delays outside our control. If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any Products you have paid for but not received.
5.3. If no one is available at your address to take and sign for the delivery, we will leave you a card informing you of how to rearrange delivery at a suitable time. Cards can only be left where there is access to secure post boxes, therefore some deliveries to apartment buildings and shared accommodation will not receive delivery cards as a matter of security.
5.4. We are unable to redirect orders once they have been dispatched. If delivery proves impossible or impractical on 2 or more occasions we may need to cancel your order and deduct the original delivery charges from the refund; however we will try to contact you in this case to arrange for a new order to be placed.
5.5. If after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the Contract and clause 8.2 will apply.
5.6. A Product will be your responsibility from the time we deliver the Product to the address you give us or you collect it from us using one of the services provided for below. You own a Product once we have received payment in full.
5.7. We may need certain information from you so that we can supply the Products to you. If so, this will have been stated in the ordering process. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the correct information.
5.8. We may have to suspend the supply of a Product to:
- deal with problems or make minor changes
- update the Product to reflect changes in relevant laws and regulatory requirements
- make changes to the Product as requested by you or notified by us to you (see clause 4.3)
5.9. We will contact you in advance to tell you we will be suspending supply of the Product, unless the problem is urgent or an emergency. If we suspend the supply of a Product, or tell you we are going to suspend the supply of a Product, for a period of more than 30 days, you may contact us to end the Contract and we will refund any sums you have paid in advance for the Product in respect of the period after you end the Contract.
5.10. If you do not pay us for the Products when you are supposed to (see clause 10) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the Products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Products. We will not suspend the Products where you dispute the unpaid invoice. We will not charge you for the Products during the period for which they are suspended. As well as suspending the Products we can also charge you interest on your overdue payments (see clause 10.6).
6. YOUR RIGHTS TO END THE CONTRACT
6.1. Your rights when you end the Contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the Contract:
- If what you have bought is faulty, damaged or mis-described you may have a legal right to end the Contract (or to get the Product repaired or replaced or to get some or all of your money back), see clause 9.
- If you want to end the Contract because of something we have done or have told you we are going to do, see clause 6.2.
- If you have just changed your mind about the Product in accordance with clause 6.3, you may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any Products.
- In all other cases (if we are not at fault and there is no right to change your mind), see clause 6.5.
6.2. If you are ending a Contract for a reason set out below, the Contract will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation. The reasons are:
- We have told you about an upcoming change to the Product or these terms which you do not agree to (see clause 4.3).
- We have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed.
- There is a risk that supply of the Products may be significantly delayed because of events outside our control.
- We have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days in accordance with clause 5.9.
- You have a legal right to end the Contract because of something we have done wrong.
6.3. For most Products bought online you have a legal right to change your mind within 14 days after the day you (or someone you nominate) receive the Products and receive a refund.
6.4. You do not have a right to change your mind in respect of:
- Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.
- Products that are made to your specifications or are personalised.
6.5. Even if we are not at fault and you do not have a right to change your mind (see clause 6.1), you can still end the Contract before it is completed, but you may have to pay us compensation. The Contract is completed when the Product is delivered and paid for. If you want to end a Contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The Contract will end immediately and we will refund any sums paid by you for Products not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the Contract.
7. HOW TO END THE CONTRACT WITH US
7.1. To end the Contract with us before your order has been despatched, please let us know by doing one of the following:
- Email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address. If contacting us by email, please return the confirmation email also; or
- Write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
7.2.If you end the Contract for any reason after Products have been dispatched to you or you have received them, you must return them to us. You must either return the Products in person to where you bought them or by using one of the return methods detailed below. If you are exercising your right to change your mind you must send off the Products within 14 days of telling us you wish to end the Contract.
7.3. When returning an order in the UK, please follow the steps written on the dispatch note received with the delivery and return using one of the methods detailed below.
- Doddle: Complete your returns form and bring your parcel to a Doddle store, and give your parcel to a member of the Doddle team. You'll receive an email with a tracking reference to check the progress of your return. Further information is available here.
- Royal Mail Label: Complete your returns note, including the reason code relevant to the Product being returned (a list of these is included on the returns note). Enclose your completed returns note in the parcel with the Product, ensuring that the items are wrapped and the parcel sealed. Write your order number on the FREEPOST label provided and attach this label to the exterior of your parcel – please ensure any original delivery labels with your address are covered. Then simply take to your nearest Post Office and ensure you obtain Proof of Postage when returning.
- Royal Mail Online: Visit http://www.royalmail.com/track-my-return/create/2186, complete the required information and print the label or download the QR code to your mobile. Take your Product into your local Royal Mail customer service point or Post Office, and ensure you obtain Proof of Postage when returning.
- Asda: Attach the Asda toyou return label to your parcel. If you have not received one you can visit the Asda toyou website here to download a QR code and print your label in store. Take your parcel to the toyou signposted returns point or hand to a colleague at your most convenient Asda location. Remember to keep hold of your receipt to track your parcel, which you can do here.
- CollectPlus: Complete your returns note, including the reason code relevant to the Product being returned (a list of these is included on the returns note). Enclose your completed returns note in the parcel with the Product, ensuring that the items are wrapped and the parcel sealed. You can generate a free COLLECTPLUS label on the COLLECTPLUS website. Go to https://www.collectplus.co.uk/quiz, enter your email address, and COLLECTPLUS will email you a returns label which you can then print off. Then write your order number on the COLLECTPLUS label and attach this to the exterior of your parcel – please ensure any original delivery labels are covered. Then simply take your parcel to any of the 7,000 and counting stores currently offering the COLLECTPLUS service, where you’ll receive proof of postage and a code to track your number online. You can find your nearest CollectPlus store here or by downloading the FREE CollectPlus App. The App is available for iOS and Android. Search CollectPlus on the App Store or Google Play.
7.4. We will pay the costs of return:
- If the Products are faulty, damaged or mis-described.
- If you are ending the Contract because we have told you of an upcoming change to the Product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
- In all other circumstances (including where you are exercising your right to change your mind under clause 6.3) you must pay the costs of return.
7.5. We will refund you the price you paid for the Products including any costs of return, by the method you used for payment. However, we may make deductions from the price, as described below.
7.6 If you are exercising your right to change your mind:
- We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a Product within 3 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
7.7 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
- Your refund will be made within 14 days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us
- In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
8. OUR RIGHTS TO MAKE CHANGES
8.1 We may end the Contract if you break it. We may end the Contract for a Product at any time by writing to you if:
- You do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due.
- You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products.
- You do not, within a reasonable time, allow us to deliver the Products to you or collect them from us.
8.2. You must compensate us if you break the Contract. If we end the Contract in the situations set out in clause 8.1 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract.
8.3. We may write to you to let you know that we are going to stop providing the Product. We will endeavour to let you know at the earliest opportunity in advance of our stopping the supply of the Product and will refund any sums you have paid in advance for Products which will not be provided.
9. IF THERE IS A PROBLEM WITH THE PRODUCT
If you have any questions or complaints about the Product, please contact us. We are under a legal duty to supply Products that are in conformity with this Contract. Nothing in these terms will affect your legal rights. If you wish to exercise your legal rights to reject Products you must return them using one of the methods listed at clause 7.
10. PRICE AND PAYMENT
10.1. The price of the Product for orders exported to customers within the European Union will include VAT. If the rate of VAT changes between your order date and the date we supply the Product, we will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect.
10.2. VAT will not be charged on Products exported to customers outside of the European Union.
10.3. The price will be indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Product advised to you is correct. However please see clause 10.4 for what happens if we discover an error in the price of the Product you order.
10.4 It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
10.5. The cards and payment methods we accept payment from will be detailed on the online ordering process. You must pay for the Products before we dispatch them. We will charge your credit or debit card or account at the point at which your order is placed and you click the "Pay Securely Now" button.
10.6. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
10.7. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
11.1. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen.
11.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products as summarised at clause 10; and for defective Products under the Consumer Protection Act 1987.
11.3. We only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12. OTHER IMPORTANT TERMS
12.2. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract. You need our consent to transfer your rights to someone else.
12.3. This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.4. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.5. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
12.6. These terms are governed by Scots law and you can bring legal proceedings in respect of the Products in the Scottish courts. If you live in England or Wales you can bring legal proceedings in respect of the Products in either the English or Welsh courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Products in the Northern Irish courts.