The following are important informations that apply to your access to and use of our online boutique, so please take time to read carefully. By using our website and online boutique, you signify your acceptance of these terms.
We have tried to keep it simple but if you are unsure of anything or would like some further explanation, please feel free to contact us.
IMPORTANT LEGAL NOTICE
This website, https://cashmerepoloclub.com (the ’Website’) is operated by or on behalf of Wayward Limited, registered in Mauritius and having its registered office at Royal Rd, Nouvelle France, Mauritius, trading under the name of Cashmere Polo Club.
In these Terms, when we refer to ‘we’, ‘us’, ‘our’, etc., we are referring to Cashmere Polo Club. When we refer to ‘you’, we are referring to you, the customer. These Terms, and any Contract between us, are only in the English language. You can contact us by writing to us at the above address, by sending us an e-mail at [email protected] or by calling us on +230 6770545.
In these Terms & Conditions, when the following words with capital letters are used, this is what they will mean:
’Bespoke Items’ means Goods which are personalised, made-to-measure or made to your specification or which are otherwise customised or custom-made;
‘Contract’ means the contract formed in accordance with section 3 below for the purchase and sale of goods through this Website;
’Event Beyond 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, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
’Goods’ means the products (including, but not limited to, clothing, accessories and furnishings) which we make available for sale through the website from time to time;
’Order’ means an order for Goods which you submit to us through the Website using our online ordering system; and
’Terms’ means these terms and conditions of sale.
- ORDERING ONLINE
- 1 In order to place an Order through the Website, you must be (i) a consumer; and (ii) over the age of 18 years. If you wish to purchase any goods or services on behalf of a business, please contact us using the details provided above.
- 2 When you order any Goods through the Website, these Terms will apply to that Order. By using our website and online boutique, you are agreeing to these terms. If you do not accept the Terms, then you will not be able to order any Goods through our Website.
- 3 If we accept your Order, these Terms will form the basis of the Contract between us. Please see section 3 below for more information on how the Contract between us is formed. You should print a copy of these Terms or save them to your computer for future reference.
- 4 It is your responsibility to ensure that the details of your Order are correct and accurate and that you provide us with all information relevant to your Order. Our order process allows you to check for and amend any errors before submitting your Order through the Website. You should note that we shall not be responsible for any errors which you make when inputting or submitting your Order.
- THE CONTRACT BETWEEN US
- 1 When you place an Order through the Website, you are offering to buy those Goods from us. We will send you an acknowledgement e-mail shortly after you place your Order. However, this e-mail is simply acknowledging receipt of your Order and does not mean that your Order has been accepted. You should note that Cashmere Polo Club is not obliged to accept your Order and no contract exists between us for those Goods at this stage.
- 2 If we accept your Order, we will send you an acceptance e-mail which confirms (i) the details of the Goods, and (ii) the total order value (‘Confirmation‘). The Contract between us is formed when we send you the Confirmation.
- 3 If we are unable to supply you with Goods, for example, because the Goods or materials for the order are not in stock, are no longer available, or because of an error in the price on the Website, we will inform you of this by e-mail and we will not process your Order. If you have already paid for the Goods, we will refund the full amount of your payment if you do not wish to order alternative Goods from us or,
- 4 in the case of a pricing error, order the Goods at the correct price.
- OUR GOODS
- 1 Whilst we display images of the Goods on the Website, these images are for illustrative purposes only. We will do what we reasonably can to make sure that the images are a fair representation of the Goods. However, we cannot guarantee that your computer’s display of the colours accurately reflect the colours of the Goods. You should also note that images of the Goods on the Website may not be representative of their actual size.
- 2 For the purpose of the Contract, the quantity and description of the Goods will be set out in the Confirmation.
- 3 We reserve the right to alter the Goods or any relative specifications at any time. In such circumstances we shall notify you as soon as practicable by e-mail and will not process your Order until you have confirmed that you wish us to proceed.
- INTERNATIONAL DELIVERY
- 1 We will do what we reasonably can to meet the estimated delivery date set out in the Confirmation, with the Goods to be delivered to the country and address stated in the Confirmation. However, please note that this date is only an estimate and may be affected by an Event Beyond Our Control. If we are unable to meet the estimated delivery date, we will contact you with a revised estimated delivery date.
- 2 The Goods will be your responsibility from delivery and you will only own the Goods when we have been paid for them in full, including all applicable delivery charges.
- 3 Your Order may be subject to import duties and taxes and other charges which are applied when the delivery reaches the destination country. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes. You are advised to contact your local customs office for further information before placing your Order.
- 4 You must comply with all applicable laws and regulations of the destination country. We will not be liable or responsible if you break any such law.
- PRICE AND PAYMENT
- 1 The prices are stated on the Website in euro (€) and are inclusive of all taxes and other charges which we are obliged to charge under Mauritian law. The prices do not include the import duties and taxes and other charges which are referred to in section 5.3 above. We will do what we reasonably can to ensure that the prices stated on the Website are accurate and up to date. In the event of any pricing errors, we will notify you by e-mail and give you the opportunity to re-confirm your Order at the correct price.
- 2 You must pay for the Goods at the time of submitting your Order. Payments must be made by credit or debit card (please see the relevant part of the Website for a list of those payment cards accepted and method of payment). By submitting a credit or debit card number, you: (a) confirm that your use of the particular card is authorised and that all information that you submit is true and accurate; and (b) authorise us to charge to the card all amounts payable by you to us (including all taxes and other charges which we are obliged to charge under Mauritian law) in connection with your Order.
- 3 You may be subject to validation checks and/or third-party authorisations depending on your method of payment.
- 1 Subject always to your right to cancel pursuant to section 7.1, Goods (other than Bespoke Items) may be returned within the period of 28 calendar days from the date of delivery to you, provided that the Goods are in new, unused and unworn condition and have the garment tags still attached. The Goods must also be accompanied by our despatch paperwork.
- 2 The Goods should be returned to the following address: Cashmere Polo Club, Sir John Pope Hennessy Street, Curepipe, Mauritius. We strongly recommend that you send the Goods by courier (or an equivalent ‘signed for’ delivery service) to ensure proof of delivery and insurance for the Goods. We cannot be responsible for any Goods which are lost in transit. Refunds will only be made to the debit/credit card used to purchase the Goods and we will endeavour to process your refund within 30 calendar days of us receiving the returned Goods.
- OUR LIABILITY
- 1SHOULD WE FAIL TO COMPLY WITH THESE TERMS, WE MAY BE RESPONSIBLE FOR LOSS OR DAMAGE YOU SUFFER THAT IS A FORESEEABLE RESULT OF OUR BREACH OF THESE TERMS OR OUR NEGLIGENCE. WE WILL NOT HOWEVER BE LIABLE 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 WAS CONTEMPLATED BY YOU AND US AT THE TIME WE ENTERED INTO THE CONTRACT.
- 2NOTHING IN THESE TERMS SHALL LIMIT ANY RIGHTS YOU MIGHT HAVE AS A CONSUMER OR OTHER LEGAL RIGHTS THAT MAY NOT BE EXCLUDED BY LAW.
- 3SUBJECT TO SECTION 9.2 ABOVE, OUR LIABILITY TO YOU FOR BREACH OF CONTRACT, NEGLIGENCE, BREACH OF STATUTORY DUTY OR OTHERWISE ARISING FROM OR IN CONNECTION WITH THE CONTRACT SHALL NOT EXCEED THE PRICE OF THE GOODS.
- YOUR INFORMATION
- OTHER IMPORTANT LEGAL TERMS
- 1 We will not be responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract which are caused by an Event Beyond Our Control. If an Event Beyond Our Control takes place that affects our Contract with you we will contact you as soon as reasonably possible to notify you. Please note that our obligations under a Contract will be suspended for the duration of the Event Beyond Our Control.
- 2 Each section of these Terms operates separately. If any of these sections (or any part of a section) is found by any Court or relevant authority to be unlawful or unenforceable, the other sections (or other parts of the section in question) shall not be affected and shall remain in full force and effect. If any section of these Terms is found to be unlawful or unenforceable but would be lawful and enforceable if some part of the section were deleted, the section in question shall apply with such deletion as may be necessary to make it lawful and enforceable.
- 3 If we fail to insist that you perform any of your obligations under these Terms, 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.
- 4 We may perform any of our obligations or exercise any of our rights under the Contract ourselves or where applicable, through any other persons (legal or otherwise) or entities.
- 5 We may transfer our rights and obligation under a Contract to another organisation but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
- 6 These Terms are governed by Mauritian law. This means that a Contract for the purchase of Goods through this Website and any dispute or claim arising out of or in connection with it will be subject to the laws of Mauritius. You and we both agree that the Courts of Mauritius will have non-exclusive jurisdiction.