Edinburgh Vintage Clothing | Edinburgh Vintage Shop | Vintage Shop | Scotland Vintage Clothing

Terms & Conditions.

Welcome to our website (www.thosewerethedaysvintage.com) and our terms and conditions for use of our website.

(1) INTRODUCTION

This page sets out the terms and conditions on which we supply to you any of the vintage clothing, vintage accessories, vintage jewellery and other items listed on our website www.thosewerethedaysvintage.com. The following terms apply when you order items from our site. Please read these terms carefully before ordering any products / items.

By accessing this website and ordering any of our products / items you agree to be bound by these terms and conditions.

We suggest you print a copy of these Terms and Conditions for your reference, although we may revise these Terms & Conditions at any time by updating this posting, so the copy you have printed off may not be the most up-to-date copy.

If you find yourself unable to agree to our terms then please do not make a purchase from our site.

These terms and conditions do not affect your statutory rights.

(2) INFORMATION ABOUT US

We operate our site. We are Those Were The Days. We are based in Scotland and our main trading address is 28 St. Stephen Street, Edinburgh, EH3 5AL.

References in these Terms and Conditions to ‘we’, ‘us’ and ‘our’ are to Those Were The Days.

(3) OUR PRODUCTS ARE VINTAGE

All of the items on our website, except where expressly stated, are vintage, meaning that the item has been pre-owned and usually worn.

Each vintage piece discovered by Those Were The Days has been handpicked by our team of experts so that we can ensure it is in excellent vintage condition and is of a high quality. Everything in our collections has been cleaned and restored where this is possible, and has been inspected by two team members before being sold to ensure our strict quality and condition criteria are met. However, all vintage items have generally been previously owned and worn, so gentle signs of wear are usually an inherent part of the piece. Sometimes a piece is simply too wonderful to pass up just because it has a little age related wear and tear that can't be remedied, so where this is the case with any of our items we will let you know about any little imperfections in our item condition description.

By accepting these terms you confirm that you have understood the description of the product including any imperfections.

(4) PRODUCT SPECIFICATIONS AND INFORMATION

We have made every effort to display as accurately as possible the items featured in our online store. However, please remember that shopping online is very different to shopping in-store. For instance, the colours we use, as well as the display and colour capabilities of your particular computer, tablet or mobile device’s monitor may greatly affect the colours you see on the screen. We cannot be held responsible for any limitations of your monitor and cannot guarantee that your monitor’s display of any colour, texture or detail of items will be accurate / the same as the actual item.

Please be aware that although we make every effort to ensure that all sizes and measurements are as accurate as possible they are approximate measurements. We have also endeavoured to provide the approximate UK size based on the measurements stated in our size guide chart. All items are measured lying flat. Please refer to the measurements guide tab for each item and contact us if you have any questions.

5) YOUR STATUS

By placing an order through our website you warrant that you are:

(a) legally capable of entering into binding contracts;

You may not use the website if you live in a jurisdiction where access to, or use of the Website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Website is lawful, and you must comply with all applicable law.

(6) ORDERING

You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. When you place an order you will receive an email confirming receipt of your email. This email will only be an acknowledgement and will not constitute acceptance of your order. Our acceptance of an order takes place when we dispatch the order. A contract will therefore not be formed until we send you confirmation by email that the items you ordered have been dispatched to you, even if your payment has processed immediately, unless we have informed you that we do not accept your order or have cancelled your order. Only those items listed in the confirmation email sent at the time of dispatch will be included in the contract formed.

We may refuse to accept an order:

· where goods are not available

· where we cannot obtain authorisation for your payment

· If there has been a pricing or a product description error

· If you do not meet any eligibility criteria set out in our terms and conditions.

(7) AVAILABILITY

All items are subject to availability, and as a consequence you should be aware that we may not be able to fulfill your order. This is because there will be a delay between the time your order is placed and the time your order is accepted, which means the stock position relating to particular items may change. If an item you have ordered becomes out of stock we will give you a full refund.

(8) PRICE

The price of any products will be as quoted on our site except in cases of obvious error. These prices do not include delivery costs, which will be clearly stated and added to the total amount due during the checkout process.

We reserve the right to change prices quoted on the website from time to time. Our online store contains a large number of items and as a consequence it is always possible that, despite our best efforts some of the items listed in our online store may be incorrectly priced. We try to ensure that all pricing is correct and will normally verify prices as part of our dispatch procedures so that where an item’s correct price is less than our stated price, we will charge the lower amount when dispatching the item to you. If an item’s correct price is higher than the price stated on our site, we will normally, at our discretion, contact you to advise of the situation and reject your order.

We are under no obligation to provide the item to you at the incorrect (lower) price, even after we have sent you a dispatch confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as an error.

(9) PAYMENT

We must receive payments in full before items are dispatched.

Payment for all items must be by credit or debit card. We accept payment with the following cards:

· Visa Credit & Visa Debit

· MasterCard Credit and MasterCard Debit

· Visa Electron

· Maestro

· JCB

All credit / debit cardholders are subject to validation checks and authorisation by the card issuer and we may share your personal information with such parties as are necessary to enable us to carry out these checks. If the issuer of your payment card refuses to, or does not for any reason, authorise payment then you will be notified of this and we will not be liable to you for any delay in delivery or any non-delivery in these circumstances. Please refer to our privacy policy for further information about how we will process your personal information for this and other purposes.

When ordering products from our site, you will be required to provide accurate payment details and you warrant that the payment details provided upon ordering are valid and correct. You confirm that the debit/credit card that you use belongs to you or that you have been specifically authorised by the owner of the card to use it.

For overseas customers or for customers whose credit or debit card is not denominated in GBP, the actual price charged to the customer will be subject to the exchange rate applied by the customer’s credit or debit card company on the day they process the transaction.

If you order items from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

(10) DISCOUNT CODES & PROMOTIONS

We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified purchases made through this website.

Please remember that promotions and discounts which are offered on Items on our site may not be offered in our boutique in relation to the same items and vice versa.

(11) RISK AND TITLE

Ownership will pass to you when we receive payment in full for the products ordered and we have dispatched the goods to you. The products will be at your risk from the time of delivery.

(12) POSTAGE & SHIPPING

Those Were The Days has two levels of postage, small order which applies to all orders under £50, and standard order which applies to all orders over £50. All orders are sent by Royal Mail and will require signature on delivery. Please therefore ensure that someone will be available to receive your parcel. If you are not in to receive your order you will receive a calling card from Royal Mail and it will be the sole responsibility of you, the customer, to obtain the parcel

If your purchase totals £50 or under then it is a small order and the costs for delivery are as follows:

Orders Under £50 within the United Kingdom:

£5

Orders Under £50 to Europe:

£7 .50

Orders Under £50 to the Rest of the World:

£12

If your purchase totals more than £50 then it is a standard order and costs for delivery are as follows:

Orders over £50 within the United Kingdom:

£8 per order

Orders over £50 to Europe:

£16

Orders over £50 to the Rest of the World:

£18

Delivery Times

We aim to dispatch goods within 2 working days of email order confirmation.

European Customers should expect to wait 4 to 7 working days for delivery.

Delivery to the Rest of the World will generally take around 10 working days but can occasionally get held up in customs.

Please note that Those Were The Days cannot be held responsible for how long it takes Royal Mail to deliver any item once it has been dispatched by us, or for Royal Mail failing to deliver an item once dispatched from us.

Any delays because of a Force Majeure Event, including postal disputes, strikes, lockouts, industrial action or other disruptions which affect a third party (e.g. Royal Mail) are also out of our control and we cannot be held responsible for any ensuing delays in delivery.

Customs Import Duty

Overseas customers please be aware that if you live outside of Europe then you may be charged duty for importing items. These charges are nothing to do with Those Were The Days and must be paid by you. Duty can vary significantly so please check with your country’s Customs & Excise office to find out more.

Collect In Person From Our Edinburgh Boutique

It is also possible to collect your purchase in person from our Edinburgh Boutique at 28 St. Stephen Street during our normal opening hours. Please call us to arrange an approximate date and time for collection. We may also be able to accommodate collection outside of our opening hours by prior arrangement.

(13) OUR RETURNS AND REFUNDS POLICY

RETURNING AN ITEM

At Those Were The Day we understand that shopping for vintage clothing online can be tricky as sizing and fit can be difficult to get right. Before you purchase any items via our online store please therefore take time to look at our Measurement Guidelines to understand how we have measured items and how we have approximated them to a current UK size. It is also worth remembering that it’s easy to tailor items to improve their fit, so don’t give up on a garment you love just because it doesn’t fit quite right when a nip and a tuck here or there could make it perfect! Any good alterations specialist will be able to advise you on fitting possibilities.

Before purchasing from our website please also read over the information we have provided about the condition of the item and if you have any questions at all then please don’t hesitate to contact us at the boutique for help or advice. You can call us on 0131 225 4400 or email us at info@thosewerethedaysvintage.com.

It’s very important to us that you are completely happy with your purchase so if for any reason you aren’t then we will be happy to offer an exchange or a refund under the following conditions for customers within the European Union:

(A) Where you cancel the Contract Under the Distance Selling Regulations 2000 or

(B) Where you consider the Item to be Faulty or Otherwise Not As Described.

You may choose to return an item within 7 working days from and including the date of delivery (known under the Regulations as the ‘cooling off period’) for any reason provided that:

(1) The item has not been worn and is free from any new defects or odours. You have a legal obligation to take reasonable care of the item while it is in your possession. When you are trying on an item please do not use unnecessary force and ensure you are not wearing perfume / aftershave or deoderant, make up or fake tan, which may leave a scent or marks on the item. Those Were The Days reserves the right to refuse refunds on any items we believe to have been obviously worn or damaged since dispatch from Those Were The Days. In this situation, you will be notified via e-mail that the returned item cannot be accepted and you will have the option to have it re-delivered to you at your cost, or if you choose not to have it re-delivered we will hold onto it and will not process your refund. In some cases, if we can and are willing to clean and or mend an item then a partial refund may be offered less our cleaning and mending costs.

(2) All items are tagged by Those Were The Days before being sent to customers. The original tags must still be attached to the item, and the item returned in the same condition it was sent. Items with the tags removed, or removed and then re-attached are no longer eligible for return. In this situation, you will be notified via e-mail that the returned item cannot be accepted and you will have the option to have it re-delivered to you at your cost, or if you choose not to have it re-delivered we will hold onto it and will not process your refund.

(3) All items are sent carefully and suitably packaged from Those Were The Days to ensure their protection in transit. You must therefore do the same if returning an item. Those Were The Days will not accept responsibility for any items damaged in transit while being returned to us by a customer. In this situation, you will be notified via e-mail that the returned item cannot be accepted and you will have the option to have it re-delivered to you at your cost, or if you choose not to have it re-delivered we will hold onto it and will not process your refund.

(4) Those Were The Days does not accept liability for any items lost during return transit. Our customers are responsible for adequately wrapping and insuring returned items and we advise sending them back to us by a tracked and recorded delivery service. Tracking is recommended as lost packages are your responsibility. The tracking number should be sent to us as soon as you have it so that we know the item is on the way back and that you have met your obligations under our returns policy. A refund will not be given if you mail the returned item by a method that has no tracking and the package never arrives back to Those Were The Days. It will be your responsibility to try to recoup your loss.

(5) Returns postage must be paid for by the customer. Only if an item is deemed by Those Were The Days to be faulty, or otherwise not as described, will we refund the postage costs incurred by the customer to return the item, as well as the original postage costs incurred by the customer. Please note that these are the only circumstance in which we will refund any postage costs.

(6) Please note that for hygiene reasons we do not accept returns on the following items unless they are faulty or otherwise not as described:

· Pierced Jewellery

· Intimate Garments – i.e. underwear / lingerie, sleepwear, tight fitting bodysuits, swimwear, or hosiery

· Hair pins & Hair Accessories

· Hats

(7) You must clearly state your delivery address in all communications with us and we will not be responsible for any refund, damage or loss suffered by you if you have not communicated your full and correct details to us. We do not deliver to PO Box Addresses.

(8) When we deliver items to you, we will always require a signature confirming that all products covered by the specific order confirmation have been delivered. If the customer, for whatever reason without exception, misses the delivery of the item, then it is the sole responsibility of the customer to arrange re-delivery and the 7 days returns period still applies from the date of the attempted delivery and the date of any card left by the Royal Mail.

RETURNS PROCESS

(1) If you are not entirely satisfied with your purchase, you must email returns@thosewerethedaysvintage.com within 24 hours to advise us that you will be returning an item and what that item is, the reasons for this return and to request a returns code number. Please also include a daytime telephone number and your invoice number. As stated above, the item must be returned within 7 working days from and including the date of delivery. No refunds will be given without a returns code.

(2) Returns must be sent to the following address:

Those Were The Days

28 St. Stephen Street

Edinburgh

EH3 5AL

(3) All returns must be paid for by the customer.

(4) The only circumstances in which returns postage will be refunded to a customer who returns an item to Those Were The Days, will be when a return is accepted by Those Were the Days because we believe that an item is faulty or otherwise not as described. In these circumstances we will also refund the original postage costs incurred by the customer.

(5) If you return an item to us under these circumstances we will examine the returned item and your reasons for returning it and will notify you of any entitlement to a refund via email within a reasonable period of time. If you are entitled to a refund we will usually process your refund as soon as possible, and with any case, within thirty days of the day we confirmed to you via email that you were entitled to a refund.

If you are not entitled to a refund we will notify you within a reasonable period of time via e-mail that the returned item cannot be accepted and you will have the option to have it re-delivered to you at your cost. If you choose not to have the returned item re-delivered we will hold onto it and will not process your refund.

(6) In all cases we will only refund any money received from you using the same method originally used by you to make the online purchase.

(7) Legal ownership of the item will immediately revert back to us upon refunding any such payment to you.

(8) To be clear we will not accept the return of any Items after the cooling off period referred to above where you have simply changed your mind. Also, if a garment zip breaks after the garment has been safely delivered to your door, then this is not grounds for a refund. Please refer to the care advice included in your parcel.

Please note: This Returns Policy / Terms & Conditions ONLY applies to items purchased via the Those Were The Days Website / On-line Store. It does not apply to our bricks and mortar store based at 28 St. Stephen Street Edinburgh where a different policy operates. We do not offer exchanges or refunds on any items purchased within the retail store in Edinburgh.

These clauses do not affect your statutory rights.

Returns Policy for Customers Outside the European Union / in the Rest of the World

Due to potential import duties, taxes and customs applicable on goods being sent to the UK from the Rest of the World Those Were The Days offers a returns service to customers outside of the EU only if all of the returns conditions mentioned above for customers within the EU are met, alongside the revised timescales and conditions mentioned below.

The customer must e-mail returns@thosewerethedaysvintage.com to notify the intent to return within 24 hours of signed receipt of the item(s).

The item must be returned via a registered, trackable postal service that will require signature upon delivery to Those Were The Days at 28 St. Stephen Street, Edinburgh, EH3 5AL within 10 days of the original signed receipt of the item. The customer must pay for all return postage costs.

It goes without saying that a customer from outside the EU must meet all of the same conditions mentioned above in the returns policy for EU customers (the item must not be worn or damaged, it must be returned in exactly the same condition as it was dispatched from Those Were The Days, with all tags still attached and packed within the original packaging or packaging of an equally high quality and protective standard) for a refund to be considered.

If you return an item to us under all of these circumstances we will examine the returned item and your reasons for returning it and will notify you of your entitlement to a refund via email within a reasonable period of time. If you are entitled to a refund we will usually process your refund as soon as possible, and with any case, within thirty days of the day we confirmed to you via email that you were entitled to a refund.

The cost of any duties, taxes and customer incurred upon the return of the goods will be deducted from the purchase price and a refund of the balance will be issued.

As stated above, postage costs are the responsibility of the customer and will not be refunded. The only circumstances where postage will be refunded is if an item is deemed by Those Were The Days to be faulty, or otherwise not as described, in which case will we refund the postage costs incurred by the customer to return the item, as well as the original postage costs incurred by the customer.

(14) PRIVACY POLICY

We process information about you in accordance with our privacy policy. By using our website, you consent to such processing and you warrant that all data provided by you is accurate. Please view our privacy policy for information.

(15) TERMS OF USE

We have set out additional conditions in relation to your use of our website in our terms of use. By using our website you agree to abide by and be bound by those conditions.

(16) OUR LIABILITY

16.1 Subject to clause 16.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the items and, subject to clause 16.2, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.

16.2 Subject to clause 16.3 , we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:

(a) loss of income or revenue;

(b) loss of business;

(d) loss of anticipated savings;

(e) loss or data; or

(f) waste of management or office time

However this Clause 16.2 will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this Clause 16.2

16.3 Nothing in this agreement excludes or limits our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(d) defective items under the Consumer Protection Act 1987; or

(e) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

(17) WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This clause does not affect your statutory rights.

(18) NOTICES

All notices given by you to us must be given to Those Were The Days at 28 St. Stephen Street, Edinburgh, EH3 5AL. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in clause 17 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addresses, stamped and placed in the post and, in the case or an email, that such email was sent to the specified email address of the addressee.

(19) TRANSFER OF RIGHTS AND OBLIGATIONS

The contract between you and us is binding on you and us and on our respective successors and assignees.

You may not transfer, assign, charge or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it at any time during the term of the contract.

(20) EVENTS OUTSIDE OUR CONTROL

20.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).

20.2 A Force Majeure Event included any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

20.2.1 Strikes or lock outs or other industrial action which affect third parties (for example Royal Mail or other courier or delivery services);

20.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not or threat or preparation for war);

20.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

20.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

20.2.5 Impossibility of the use of public or private telecommunications networks;

20.2.6 The acts, decrees, legislation, regulations or restrictions of any government;

20.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

(21) WAIVER

21.1 If we fail, at any time to insist upon strict performance of any of your obligations under any Contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under any Contract or these Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.

21.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 17.

(22) SEVERABILITY

If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, clause or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

(23) ENTIRE AGREEMENT

These Terms and Conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.

We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these Terms & Conditions or the documents referred to in them.

Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether innocently or negligently) will be for breach of contract.

Nothing in this Clause limits or excludes any liability for fraud.

(24) OUR RIGHT TO VARY THESE CONDITIONS

We have the right to revise and amend these Terms & Conditions from time to time.

You will be subject to the policies and conditions in force at the time that you order Items from us, unless any change to those policies or these Terms & Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously place by you), or if we notify you of the change to those policies or these Terms & Conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within 7 working days of receipt by you of the items).

(25) LAW AND JURISDICTION

Contracts for the purchases of items through our website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Scottish Law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of Scotland.