Terms And Conditions Of Use
We may modify the Terms and Conditions from time to time. Please read the Terms and Conditions and check back often. If you do not agree to any change to the Terms and Conditions, then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order however, unless we are required to make the change by law.
2. Eligibility to Purchase
In order to make purchases through the Site, you will be requested to register and provide your personal details. In particular, Customers must provide their real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
The Site is available only to individuals and others who meet the C6 terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to C6, whose applications are acceptable to C6 and who have authorised C6 to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. C6 reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
All orders are subject to acceptance and availability.
C6 offers products for sale that are in stock and available for dispatch from our distribution center. Occasionally, however, we may be waiting for shipments from our suppliers. Consequently you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. This will ensure that you receive this item in priority once designer stock has been delivered to C6. C6 will only take Advance Purchase orders for stock that has been scheduled for delivery by a designer/supplier. Your rights regarding Advance Purchase are the same as those for any other purchase at C6. Alternatively, you may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock.
Items received into stock may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit card within thirty days of being advised that merchandise has become unavailable.
If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please note that on occasion certain products that are in particularly high demand will sell out during this period.
Please note that items in your shopping basket are not reserved and may be purchased by other customers.
3.1 Pricing Policy
Prices shown on the Site are in GBP and are inclusive of VAT at the applicable rate. Customers purchasing outside the United Kingdom are not liable for VAT, but the GBP prices remain the same for all customers regardless of location.
Customers are entirely reponsible for any customs and duty liability the import of the goods to their country may incur. Prices shown on the site do not cover these charges and C6 accept no liability for this whatsoever.
All prices and offers remain valid as advertised from time to time. The GBP price of a product displayed on the Site at the time the order is accepted will be honoured, except in cases of patent error.
If you are a customer whose credit card is not denominated in Sterling or Euros, the final price will be calculated in accordance with the applicable exchange rate on the day your credit card company processes the transaction. C6 has no control and accepts no liability for the exchange rate used.
3.2 Sales Price Adjustment Policy
C6 is happy to offer a Sale Price Adjustment on items purchased up to 7 days prior to the commencement date of a sale. Please be aware that the exact style and size of an item must be available for purchase at the time your request is made before any adjustment in the sale price can be approved. All approved Sale Price Adjustments will be credited to your C6 account in the form of a store credit which will be valid for 12 months.
We are unable to offer price adjustment on items originally purchased in a sale or on any special promotion items that are temporarily reduced in price. Once an item has been purchased at a discounted sale price, no price adjustment will be offered should the item be further marked-down.
3.3 Acceptance of Your Order
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
Unless you cancel your order, acceptance of your order and completion of the contract between you and C6 will be completed when we email you to confirm the goods have been despatched. The sale contract is therefore concluded in London, England and the language of the contract is English.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the Terms & Conditions.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold; removing, screening or editing any materials or content on the Site; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
We take all reasonable care to make our Site is secure. All credit/debit card transactions on this site are processed using paypal, a secure online payment gateway that encrypts your card details in a secure host environment. C6 will never store or retain your credit card details for any purpose.
Payment can be made by debit/credit cards as specified by Paypal in their secure payment pages at the time of order confirmation. For further information ofpaypal’s terms and conditions and what cards paypal accepts and details of your transaction please visit www.paypal.com. Each order processed will have a unique order number supplied by Worldpay secure online clearance via e-mail – please retain this email for future reference. In the event that you have a dispute regarding the amount that has been charged to your card please contact your credit/debit card company.
3.5 Insurance & Delivery
C6 insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by C6 and transfer of responsibility in the same way.
Please note that we aim to dispatch all orders within 48 hours. Estimated delivery times are to be used as a guide only and commence from the date of dispatch, C6 are not responsible for any delays caused by destination customs clearance processes.
3.6 Tracking Your Order
You can check the current status of your shipment by signing into your account and following the links to your order. C6 will store a record of your transactions for a minimum of one year.
4. Returns & Exchanges
Under UK law you are entitled to return and claim a refund on any purchase provided the goods are returned within 7 days of when you receive the goods.
In some cases, and at our discretion, we may accept returns of goods after this period, but please contact us as soon as possible to let us know of your intention to return the goods.
We recommend that items are returned to us via a tracked postal service that requires a signature upon receipt. You must retain your proof of delivery until we acknowledge receipt of the goods.
You are responsible for the cost of returning the goods. If the goods are faulty C6 may refund this cost by store credit, but this is entirely at the company’s discretion.
Once your goods are returned and accepted by your account will be credited to the value of the goods. You may opt to exchange the goods for other goods of equal value immediately, receive a refund, or alternatively we can credit your account to the value of the goods and this credit will be automatically deducted from your next order.
4.1 Gift Returns
If you have received an item as a gift, you may exchange it for a store credit to your account (you will need to register your details). The amount is automatically deducted from your next purchase and will be valid for one year. Please be aware that you may need to pay any cost difference, additional shipping, taxes and import duties.
4.2 Receiving a Refund
If your order has been sent to a destination within the EU, all VAT will be refunded. Outside the EU, customs duties and sales taxes are non-refundable through C6. However, you may be able to recover these by contacting your local customs bureau directly. Exchanges made to destinations outside of the EU will be submitted to the same customs procedures, therefore applicable for duty and tax again.
4.3 Important Information
4.4 Faulty Goods
Goods are faulty if they are received damaged or where a manufacturing fault occurs within six months of purchase. Please note that items that are damaged as a result of normal wear and tear are not considered to be faulty.
If you would like to exchange a faulty item (instead of obtaining a refund), please be aware that we can only replace it for the same product in the same size, subject to availability. Where possible, we will offer to repair faulty items. If it cannot be repaired or the same product is not available, you are entitled to a full refund.
5. Intellectual Property Rights
Your use of the Sites and its contents grants no rights to you in relation to any copyright, designs, trademarks and any other intellectual property and material rights relating to the Content (as described in the Content section below), including C6 Software and all HTML and other code contained in this Site. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorised by C6 and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
In addition to the Intellectual property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. C6 tries to ensure that the information on this site is accurate and complete. C6 does not promise that Indigofera Distribution Ltd’s Content is accurate, error-free. Indigofera Distribution Ltd does not promise that the functional aspects of the Site or Indigofera Distribution Ltd?s Content will be error free or that this Site, C6 Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
5.2 No Commercial Use
This Site is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
5.3 Your Activity
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.
5.4 Third Party Sites
We may include hyperlinks on this Site to other websites or resources operated by parties other than C6, including advertisers. C6 has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
6. Your Rights
You have certain rights under the law. These include, in England:
7. Limits on Liability
We accept liability for death and personal injury arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents.
Nothing in the TOS is intended to affect your rights under the law (see “Your Rights” above).
If C6 breaches the TOS we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and Indigofera Distribution Ltd at the time of you placing your order, and C6 despatching your order. We shall only be liable for losses up to 150% of the total value of goods purchased.
We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).
We are also not responsible for failure to meet any of our obligations under the TOS where such failure is due to events which beyond our reasonable control.
At our request, you agree to compensate us fully, defend us and hold us C6 harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.
7.2 Our Relationship
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and C6 as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of C6, and we shall not be liable for any representation, act, or omission on your part.
7.3 No Waiver
If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.
7.4 Governing Law
The TOS together with all our policies and procedures will be governed by and construed in accordance the relevant United Kingdom law and the relevant courts of the United Kingdom will have exclusive jurisdiction.