Terms

1. Company Information

The “nicholedecarlelondon.com” website is owned and/or operated by “Nichole de Carle London”. If you have any questions or queries regarding the website, the Terms and Conditions outlined below, or if you have any complaints about a product purchased by you from the website, you can contact us at:

Nichole de Carle London

Truebell House

5B Lombard Road

SW19 3TZ

London

United Kingdom

info@nicholedecarlelondon.com

VAT number: 156 357 004

Registered in England

Registration No: 8011051

2. General Terms and Conditions of Sale

I. Orders may only be placed on the website by individual consumers and corporations purchasing products other than for resale. Any resale or distribution of Nichole de Carle London products purchased on the nicholedecarlelondon.com website is strictly prohibited.

II. Nichole de Carle London may make changes to these Terms and Conditions of Sale at any time, in order to comply with current legislation. You can view the most current version of the General Terms and Conditions of Sale on the company website at any time. For each order on the nicholedecarlelondon.com website, your acceptance of the current Terms and Conditions of Sale in force at the date of the order will be requested.

III. Nichole de Carle London and its website partner reserve the right to change, withdraw, or suspend access to the nicholedecarlelondon.com website (in whole or part, permanently or temporarily), without notice and with no liability to you.

3. Terms of Use.

I. By accessing this website you agree to the Terms of Use. We advise you to read these Terms carefully and to save and/or print a copy of these Terms and Conditions for future reference. If you do not agree with these Terms and do not wish to be subject to them, you must cease accessing this Website forthwith. Please note that not all options available on nicholedecarlelondon.com website will be available on the website accessed using a mobile device.

II. If you accept these Terms and Conditions, as you continue to use nicholedecarlelondon.com website, Nichole de Carle London is granting you a revocable and non-exclusive license to access and make use of its website. This license can be revoked in certain circumstances (See: Section 3, VII.)

III. These Terms do not affect your statutory rights. If you require more information regarding your consumer rights please contact your National Citizens’ Information Office.

IV. By using nicholedecarlelondon.com website you agree to provide information which is not misleading, but true and accurate in all aspects. You further agree that you will notify our customer service team of any changes to the information provided via the Contact Information page in section A.

V. Nichole de Carle London does not guarantee or represent that:

(a.) The Nicholedecarlelondon.com Website is free from viruses or other destructive material.

(b.) All or any links leading to other websites on the nicholedecarlelondon.com are free from viruses or other destructive material. (All links are accessed at the user’s own risk. The user agrees that Luxess Ltd., or any of its subsidiaries or affiliates will not be liable for any loss, whether direct or indirect, resulting from the use of these links.)

(c.) The information contained on nicholedecarlelondon.com website is accurate, complete and up to date at any one time.

VI. The nicholedecarlelondon.com website and its contents are provided on an “as is” and “as available” basis (See: Section 4(VI)(a)).

VII. Nichole de Carle London reserves the right to deny access to any person, legal or natural to  nicholedecarlelondon.com website at any time at its sole discretion. Examples of when access may be denied include but are not limited to:

(a.) when it is believed that a person’s use of the website is in violation of any of these Terms and/or  governing law; or,

(b.) is in violation of the rights of any third party/parties.

VIII. All materials, including but not limited to drawings, designs, illustrations, photographs, sound tracks, written text, logos, trademarks are the exclusive property of Nichole de Carle London and/or any of its’ affiliates. You may not reproduce, distribute, publish, transmit, create derivative works based on, modify or sell any such material contained on the nicholedecarlelondon.com website by any means or process.

(a) A single copy of web pages published on nicholedecarlelondon.com website may be made for private, personal and non-commercial use, provided that any copy of such web page(s) shall retain all copyright and other proprietary notices contained therein.

IX. The “Nichole de Carle London” trademark, the trademark image of the Hugonought Cross boxed with the brand name and related marks and logos, whether or not registered or displayed on nicholedecarlelondon.com website, as well as the domain name “nicholedecarlelondon.com”, are and will remain the exclusive property of Nichole de Carle London and/or its Website partner.

X. Any reproduction, distribution, transmission, modification or use of these trademarks for any purpose without prior express agreement of Nichole de Carle London is prohibited.

XI. No person, legal or natural, may remove any copyright, trademark or other proprietary notice contained on nicholedecarlelondon.com website or any content contained therein without express consent of the Company.

4. Product Orders and Availability

I. While all products sold through the website will always correspond with their description, variations in both the manufacturing processes used and also the display properties of the computer hardware used to view the Website may mean that the colours, fabrics and designs of the products displayed on the website, and the products delivered to you, may differ in appearance in minor respects.

II. Products and prices are valid as seen on nicholedecarlelondon.com website, subject to availability. Errors or amendments may be made, especially in cases of simultaneous orders of the same product by several customers.  As such, Nichole de Carle London shall not be liable for the unavailability of products and/or an insufficient amount of time to manufacture the product. If a product is unavailable after ordering, you will be informed as soon as possible. You will then be able to order an available alternative from nicholedecarlelondon.com website, or cancel your order. If you choose to cancel your order, you will be issued a refund if your credit card has been debited the amount of the unavailable product. (see; Section 5).

III. Nichole de Carle London may change the prices of products listed on nicholedecarlelondon.com website at any time and without any notice, but such changes will not apply to products in respect of which you have been sent a dispatch confirmation.

IV. Nichole de Carle London reserves the right to make changes to any item posted on nicholedecarlelondon.com website at any time and without any previous notice. Although Nichole de Carle London endeavours to ensure that all pricing information on the website is correct, occasionally an error may occur and products may be mispriced.

V. If a product’s correct price is lower than the price stated on the website, subject to Nichole de Carle London’s right to refuse an order pursuant to Section 4(VI), we will charge the lower amount and send you the product. If a product’s correct price is higher than the price stated on the website, you will be contacted and asked whether you wish to proceed with the order at the correct price, or cancel your order and notify you of such cancellation.

VI. All information on nicholedecarlelondon.com website constitutes an invitation and is not an offer or unilateral contract. Any order is an offer to purchase the products listed  (“Products”) under these Terms. All orders submitted to Nichole de Carle London and/or its website partner are subject to acceptance. Nichole de Carle London reserves the right not to accept an order in its sole discretion for any reason without liability to the orderer.

VI. Nichole de Carle London will not accept any order under the following circumstances:

(a.) When product in not available, incorrectly priced or otherwise incorrectly described;

(b.) A payment is not authorized;

(c.) When there are shipping restrictions on a product; and/or

(d.) When the delivery address given is a forwarding address or the address of a freight service.

Note: If you are purchasing a bespoke or runway item from Nichole de Carle London (as defined in Section 6(I) and Section7(I) respectively) the following sections may be superseded by and/or may apply in addition to specific terms applicable to such products, as set out in Sections 6 and 7.

VII. nicholedecarlelondon.com website may be used to order a number of products from Nichole de Carle London, directly online via the Internet for delivery to the UK, Belgium, Netherlands (excluding Netherlands Antilles and Aruba), Ireland, Cyprus, Germay, Austria, France, Italy, Portugal, Spain (excluding Canary Islands), Finland, Sweden, Denmark, Greece, Slovenia, Romania, Czech Republic, USA and Canada (Please see US Terms and Conditions for any orders to be delivered to the USA). Delivery addresses situated outside these territories cannot be delivered to without contacting Customer Care on: customercare@nicholedecarlelondon.com prior to ordering. Any order addressed to a PO Box will not be processed. Products will only be delivered to the address given at the time of ordering.

VIII. Shipments to Canada are subject to strict controls by local customs authorities, and as a result delays may occur for reasons outside of the control of Nichole de Carle London. You may be contacted by our courier and/or customs clearance broker to provide certain information and authorisation for them to act on your behalf to import your order. If you do not provide authorization when contacted, you may become responsible for the import and any import duties, and/or other fees charged.

IX. After submitting an order to Nichole de Carle London an acknowledgement email with your order number and details of the products you have ordered, as well as the details of the delivery, will be sent to you. This email is an acknowledgement that your order request has been received. This is not an acceptance of your order. The formation of a contract of sale between you and Nichole de Carle London will commence when the products have been dispatched for delivery to the valid address given, an email confirming this will be sent to you in the form of a “Dispatch Confirmation”. This will contain a breakdown of the product cost including VAT (or any other duties, if applicable, according to customs and revenue regulations active in the country of purchase on the date of order). Please note that nicholedecarlelondon.com website only processes orders in GBP (£) sterling , USD ($) and Euros (EUR) with VISA, VISA Electron, Master Card, and American Express.

X. The delivery costs are outlined in the Delivery Costs and Times section. Please note that in some countries additional duties may be payable to your local tax authorities on receipt of your delivery. You will be responsible for payment of any such import duties and taxes. Please note that Nichole de Carle London has no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing an order. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. Nichole de Carle London will not be liable for any breach by you of any such laws.

XI. The aforementioned contract of sale will conclude 14 days from the date at which the item(s) has/have been delivered to the valid address given upon ordering the product(s). The ordered product(s) remain the property of Nichole de Carle London until they are delivered to the valid address given upon ordering.

XII. Orders received after any specified “cut off” or “last order” time, or received on a day which is not a working day (that is any day on which the banks are open for business in London and which is not a Saturday or a Sunday), will be processed on the next working day. Estimated delivery times will be calculated from the date on which the order is processed. Your sole option for any failure by Nichole de Carle London to dispatch your order in time for delivery within the relevant estimated delivery times for your shipping destination and selected delivery method, shall be your right to cancel the relevant order and receive a full refund of any monies paid to Nichole de Carle London in respect of that order.

5. Cancellations and Returns.

I. Nichole de Carle London recognises your right to cancel this contract within the period outlined in section 4(XI) as per The Consumer Protection (Distance Selling) Regulations 2000 (heretofore “the regulations”). Please also note that you will be issued a refund if any product(s) you have ordered are unavailable or otherwise out of stock. It may take 5-7 working days for the refunded amount to show in your account.

II. If you choose to cancel the contract, you must bear the cost of returning the products. In this circumstance you must notify Nichole de Carle London within the 14 day period outlined above via post, email, or telephone in accordance with article 10(3) of the regulation. There are exceptions to this right of cancellation when purchasing Bespoke, Made to order, Pre-order, discounted or subject to promotional offer products from the Nicholedecarlelondon.com Website (see; section 6 in terms and condition).

III. The products must be returned, at your cost, to the address outlined in section 1, in the original packaging it/they was/were delivered, in an unopened state (I.e. no seal should be broken).  You have no right to cancel your order after the 14 day period has lapsed as the contract you hold with Nichole de Carle London has ended.

IV. As opposed to your right of cancellation, your right to return products is limited due to health and hygiene issues related to lingerie. You may return a product at your cost, in exchange for another size once the product(s) is/are in their original packaging with all the original tags intact and they are returned within 14 days of receiving the product(s). Please note that the briefsand swimwear should be returned unworn, with the original hygienic sticker attached to the gusset. You cannot claim a refund for the briefs/swimwear product returned without the hygienic sticker or with signs of the product being worn.

V. This right of return does not apply to products on promotion, discounted prices and where a Bespoke, Made to order or Pre-order product(s) is/are bought in accordance with article 13 of the regulation (see: section 6 in terms and condition).

6. Pre-order Service

I. Pre-order products are defined as: “Products which appear in Nichole de Carle London Pre-order section”.

II. Nichole de Carle London may invite you to pre-order products from it’s collection at certain times. If you wish to purchase such products, please note that the terms set out in section 4 may be superseded by and/or apply in addition to the terms set out in this section.

III. From the date at which you receive your invitation to pre-order products you will be given a 2 week window to order. Please allow 6 to 8 weeks for delivery. Your credit card will be charged when the product has been dispatched.

IV. When a product is ordered from Nichole de Carle London you have the option to sign up to our mailing list, in doing so you agree that Nichole de Carle London may contact you from time to time with similar offers.

V. Nichole de Carle London is not obliged to allow cancellation of any product(s) order, nor is it obliged to give a refund on any product(s) purchased through the pre-order service. As such, when you have placed an order for any product through our pre-order service you are not entitled to a refund nor are you entitled to cancel your order at any stage after you have placed it.

8. Bespoke products

I. Nichole de Carle London bespoke products are defined as “products made to the customers’ specifications, measurements and requirements”.

II. You will be required to select from a number of different options provided by Nichole de Carle London in order to create an underwear set to your specification.

III. You hereby acknowledge Nichole de Carle London’s sole and exclusive right of title and interest in any and all intellectual property rights in your bespoke underwear bra/briefs and/or underwear set and/or User Content. You further acknowledge and agree that all copyright, design rights and other rights of a similar nature in any jurisdiction in your bespoke product(s) shall belong to Nichole de Carle London. You therefore undertake to execute, or arrange to have executed, any and/or all documentation required to vest all such rights in and to Nichole de Carle London if and when required by Nichole de Carle London. You shall assign the same to Nichole de Carle London with full title guarantee to Nichole de Carle London upon their creation, or where possible hereby assign the same to Nichole de Carle London with full title guarantee by way of a present assignment of future rights. To the extent that such transfer is not valid, you grant Nichole de Carle London an exclusive, perpetual, royalty-free, fully paid-up licence to use the design of your bespoke product(s) and/or User Content for any purpose whatsoever. Therefore, you agree that you shall have no claim against Nichole de Carle London or any other party in the event that a bespoke product(s) that is/are the same or similar to your design, used, or created by Nichole de Carle London or any other person or made available to the public.

IV. Nichole de Carle London is not obliged to allow cancellation of any bespoke order made nor is it is obliged to give a refund on any bespoke product(s). As such, when you have placed an order for any bespoke product you are not entitled to a refund nor are you entitled to cancel your order at any stage after you have placed it.

V. Upon ordering your bespoke product(s) you will be sent an acknowledgement email which will outline details of your order and the estimated time of dispatch.

VI. You will be sent a further email when your bespoke product(s) have been dispatched with a delivery time. You agree that if you order a bespoke product you will be charged at the time that you submit your order.

9. Made to Order

I. Made to Order products are defined as: “Products which you provide the measurements for”.

II. Made to Order service means; “A product which has been specially ordered and designed to customer specification”.

III. You hereby acknowledge Nichole de Carle London’s sole and exclusive right of title and interest in any and all intellectual property rights in your made to measure underwear bra/briefs and/or underwear set and/or User Content. You further acknowledge and agree that all copyright, design rights and other rights of a similar nature in any jurisdiction in your made to measure product(s) shall belong to Nichole de Carle London. You therefore undertake to execute, or arrange to have executed, any and/or all documentation required to vest all such rights in and to Nichole de Carle London if and when required by Nichole de Carle London. You shall assign the same to Nichole de Carle London with full title guarantee to Nichole de Carle London upon their creation, or where possible hereby assign the same to Nichole de Carle London with full title guarantee by way of a present assignment of future rights. To the extent that such transfer is not valid, you grant Nichole de Carle London an exclusive, perpetual, royalty-free, fully paid-up licence to use the design of your made to measure product(s) and/or User Content for any purpose whatsoever. Therefore, you agree that you shall have no claim against Nichole de Carle London or any other party in the event that a made to measure product(s) that is/are the same or similar to your design, used, or created by Nichole de Carle London or any other person or made available to the public.

IV. Nichole de Carle London is not obliged to allow cancellation of any made to measure orders nor is it obliged to give a refund or exchange on any made to measure product(s). As such, when you have placed an order for any made to measure product you are not entitled to a refund or exchange or are you entitled to cancel your order at any stage after you have placed it.

V. Please allow 6 to 8 weeks for delivery. Your credit card will be charged when the Made to Measure product(s) has been ordered. You will be informed by email when the Made to Measure product(s) is ready for dispatch.

VI. The delivery times and prices for Made to Measure product(s) are in line with the timeframes set out in our in our delivery costs and times section. Please contact Customer Care at customercare@nicholedecarlelondon.com for more information.

10. Conflict of Law and Limitations of Liability

I.   Nothing in these Terms limits or excludes our liability for:

(a.) Death or personal injury caused by negligence;

(b.) Fraudulent misrepresentation; or

(b.) Any other liability which cannot be limited or excluded by the applicable law.

II. Subject to section 7(I) above, we will not be liable, whether in contract, tort and without limitation, negligence or otherwise arising out of or in connection with these Terms for any:

(a.) Economic losses (direct or indirect, without limitation, loss of revenues, data, profits, contracts, business or anticipated savings);

(b.) Loss of goodwill or reputation; or

(c.) Special or indirect losses suffered or incurred by you arising out of or in connection with these Terms.

III. These Terms and all transactions relating to the Nicholedecarlelondon.com Website are governed by English law and you, and we, hereby submit to the exclusive jurisdiction of the English courts.

IV. Nichole de Carle London reserves the right to transfer, assign, novate or sub-contract all or any of its rights and obligations under these Terms provided that your rights under these Terms are not affected. You may not assign, sub-contract or otherwise transfer any of your rights or obligations under these Terms without our consent in writing.

V. Nichole de Carle London reserves the right to lease, sub-contract or enter into agreements with any legal person wishing to utilise the web store facility for the same purposes as Nichole de Carle London subject to the fact that your rights are not affected.

VI. Each provision of these Terms shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and not affect the enforceability of any of the other provisions of these Terms.

 

In a world of choice, thank you for choosing Nichole de Carle London.

 

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